Civil litigators may face the problem of assignment of causes of action and the potential problem of 'black holes' that can arise in relation to damage between the assignor and assignee. In the case of Pegasus Management Holdings SCA v Ernst & Young [2012] 2, the Chancery Division robustly rejected an attempt to argue that an assignment removed the loss from the assignor and thus left the assignee with no loss on which to sue. This article was first published in Greens Business Law Bulletin, Issue 126 (published October 2013) and is reproduced here with the kind permission of W. Green, The Law Publishers. more...

In this article, Andrew Bowen QC looks at Share Purchase Agreements and Penalties in the context of Cavendish Square Holdings BV v Makdessi. This case usefully summarises the modern law on penalties and emphasises the courts reluctance to interfere with contractual provisions which have been properly negotiated. This article was first published in Greens Business Law Bulletin, Issue 125 (published August 2013) and is reproduced here with the kind permission of W. Green, The Law Publishers. more...