David Savage

The Supreme Court has today refused the credit hire organisations (CHO) permission to appeal in the two conjoined Non-party costs order appeals, 'Axa v Spectra' and 'Tescher v DAML'.   As such, the Court of Appeal judgment – which clearly establishes that the CHO is the entity liable for legal costs in the event a costs order is made against a claimant – stands and is binding.   See summary of the COA decision from Gary Herring and Jenny Milburn here: https://lnkd.in/ejywmZTH

283

7 Comments

This week on the Group Litigation and Class Action blog, Michael Gorrie and Bethany Downey analyse the “Shareholder Rule” – previously used to justify shareholders seeking disclosure of privileged documents of companies. However, in 𝐽𝑎𝑟𝑑𝑖𝑛𝑒 𝑆𝑡𝑟𝑎𝑡𝑒𝑔𝑖𝑐 𝐿𝑡𝑑 𝑣 𝑂𝑎𝑠𝑖𝑠 𝐼𝑛𝑣𝑒𝑠𝑡𝑚𝑒𝑛𝑡𝑠 𝐼𝐼 𝑀𝑎𝑠𝑡𝑒𝑟 𝐹𝑢𝑛𝑑 𝐿𝑡𝑑 [2025] UKPC 34, the Privy Council found that it is a rule without justification that should no longer be followed. Read the full article here: https://okt.to/Gli8W0 #grouplitigation #classactions

162

1 Comment

In a first-of-its-kind decision, the Royal Court of Jersey has issued a Letter of Request to the High Court of Justice of England and Wales, seeking recognition of the appointment of James Pirie and Alan Roberts FCA, CFE, FABRP, MIPI of Grant Thornton Channel Islands Limited as Provisional Liquidators of RTI Limited. The application was brought by us, marking a significant milestone in Jersey’s cross-border insolvency practice. The provisional liquidation of RTI Limited marks the first appointment of its kind by the Royal Court under provisions introduced into the Companies (Jersey) Law in 2022. The latest decision is therefore the first time the Royal Court has issued a letter of request in relation to provisional liquidation, and only the second time it has requested assistance by way of the recognition of Jersey-appointed liquidators in England. The Court’s decision sets a precedent for future cooperation between jurisdictions where insolvency procedures are closely aligned. We acted for the Provisional Liquidators in both this matter and in the matter of Otaki Holdings Limited (a Jersey company whose liquidators were recognised in England and Wales in January 2023 following the issue of a similar letter of request by the Jersey Court), demonstrating our leading role in shaping Jersey’s cross-border insolvency framework. Our team was led by partner Nigel Sanders and included partner Richard Holden, senior associate Bradley Gibb, associate Victoria Barclay and paralegal Peter EMMANUEL. Read more here: https://lnkd.in/e3J-4F_x

46

Our latest alert on the Insolvency and the Bankruptcy Code (Amendment) Bill, 2025 is now available on our website. The Bill proposes significant amendments to the Insolvency and Bankruptcy Code, 2016 (IBC) introducing new concepts and tweaking existing concepts in light of difficulties faced in operation of the IBC. Read the complete alert at https://lnkd.in/gHViq3QR #IBC #InsolvencyandBankruptcy #Insolvency #CAMNewsletters

107

Rosie Timoney, a Senior Associate in our Governance, Risk & Compliance team, highlights that from 18 November 2025, identity verification for company directors and persons with significant control (PSCs) will be a legal requirement. The verification process is estimated to impact 6 to 7 million individuals who will need to have their identity verified. Read more here: https://shorturl.at/KSpH5

37