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On 5 October 2022, the UK Supreme Court confirmed that directors sometimes owe an extended duty to uphold the interests of a company’s creditors when solvency is in doubt.
As part of its 2019 manifesto, the Conservative Party pledged to address the disruption caused to passengers during transport strikes. Following this pledge, a number of legislative changes have recently been introduced or proposed which seek to reduce the impact of industrial action, thereby potentially weakening the position of trade unions, and we look at the impact of these measures in this article.
On 20 April 2022, the FCA introduced new Listing Rules (LR) (LR 9.8.6R(9) and LR 14.3.33R(1)) which set board diversity targets and require that, as part of their ongoing listing obligations, in scope companies include a statement in their annual financial report detailing whether they have met the specified targets.
The rise of international arbitration and a comparison of arbitration procedures in the USA, England and Wales, Bermuda and Canada
Arbitration as a means of resolving international commercial disputes has grown in popularity in recent years as reflected by the reported rise in arbitration filings of more than 3% a year from 2010 to 2019 and a spike of 9.9% in 2020, based on data from international arbitration institutions.
We are delighted to have bolstered our aviation team in Singapore with the promotion of Anita Quy to Head of Aviation, APAC and the appointment of new partner, Tristan Thompson.
Since 1 July 2021, defamation laws have introduced a requirement that a publication has caused (or is likely to cause) serious harm to a plaintiff’s reputation. In this article, we explore two recent judgments which are the first to apply the serious harm element and we discuss their implications.
Case review 07/11/2022
So long for now, but not necessarily auf wiedersehn, adieu… the Sharma appeal and what happens next for climate duty
Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment  FCA 560, the 2021 Federal Court decision which elicited a resounding hallelujah and heralded a new era of climate duty, has been overturned on appeal to the Full Federal Court.
In 2020, the NSW Government implemented significant reforms focused on creating clear lines of accountability for defective building work. The reforms include the introduction of a statutory duty of care owed by ‘persons’ who carry out ‘construction work’ to take reasonable care to avoid economic loss caused by defects (Statutory Duty).
South Australian Court of Appeal delivers much-needed clarity on the issue of apportionment in commercial arbitration proceedings
In an arbitration matter Kennedys is involved in, the South Australian Court of Appeal has delivered much-needed clarity on the issue of apportionment in commercial arbitration proceedings as they relate to South Australia. In this article we provide an overview of the decision and its implications for clients, particularly when drafting arbitration clauses.
We recently contributed an article to the Communications and Media Law Association’s Communications Law Bulletin on the use of juries in defamation proceedings in America and Australia. In light of an American jury’s recent 2022 verdict in favour of Johnny Depp, we consider the different positions – between America and Australia, and within Australia itself – in relation to the right to a trial by jury, as well as whether defamation proceedings are more suited to be tried by judge or jury.