Supreme Court rejects a one-size-fits-all approach to costs orders against public authorities (CMA v Flynn Pharma Ltd & Ors [2022] UKSC 14)

On 25 May 2022, the UK’s Supreme Court issued a decision on the apportionment of costs in the Competition Appeal Tribunal (the “CAT”). This decision has implications for future costs rulings of the CAT where the Competition and Markets Authority (“CMA”) is a party. The decision is also of broader significance insofar as it rejects…

Bailey v Cherry Hill Skip Hire Ltd & Ors [2022] EWCA Civ 531 (27 April 2022)

In a single judgment handed down on 27 April 2022, Lady Justice Andrews allowed an appeal against the dismissal of an unfair prejudice petition under section 994 of the Companies Act 2006. The judgment provides welcome clarity on the circumstances in which delay in bringing an unfair prejudice petition will see the petition fail at…

The Commercial Rent (Coronavirus) Bill: Final Offer Arbitration

On 9 November 2021 the Commercial Rent (Coronavirus) Bill was introduced to the House of Commons (accompanied by an updated Code of Practice). Currently before the House of Lords, the Bill seeks to achieve negotiated resolutions of commercial rent arrears disputes, where such arrears resulted from the impact of government measures to combat the spread…