Articles by ‘Milan Kapadia’

We are pleased to have represented four Banks in a USD $133 million dispute against a Cypriot subsidiary of India-based, Essar Group. RWK Goodman acted for Canara Bank, Indian Overseas Bank, SBI (Mauritius) and…

You can also listen to our podcast on your podcast platform of choice – find it here > Hello and welcome to Legal Thinking from RWK Goodman. I’m Liam Pape. In this episode we’re…

The Supreme Court has now provided its long-awaited judgment confirming the duties of directors when dealing with a company in financial difficulties. Directors now have more clarity on how to act towards creditors when…

RWK Goodman has further boosted its expertise in Dispute Resolution in the area of Insolvency with the appointment of Julie Killip as a Partner at its London office. Julie joins from Ince and has…

The High Court has recently considered the interesting question of whether a 400% increase in the interest rate applicable under a loan agreement after the loan redemption date had passed, constituted an unacceptable penalty and should therefore be struck down.

Punjab National Bank (International) Ltd v MBL Highway Development Company Ltd: Success in US $17 million cross border banking claim

The Corporate Insolvency and Governance Act 2020 (“CIGA”) was first published in May 2020 and obtained Royal assent on 25 June and came into force on 26 June 2020. Amendments made to the Act are as follows.

Many of us in these difficult times are working from home and conducting business through our computer screen. This business will often involve the creation, variation, and termination of contracts and many other transactions besides, often of considerable importance and value. I was recently asked whether ‘electronic signatures’ have the same legal effect as traditional ‘wet signatures’?

We successfully secured summary judgment for over US$ 17 million and an award of indemnity costs in a hard-fought application which involved several issues where the parties argued over service under the Hague Convention of 1965 and what the correct position to adopt was in the light of several related documents as part of a wider suite of commercial agreements each with differing jurisdiction and dispute resolution clauses.

In a recent decision (Bresco Services Limited v Michael J Lonsdale [2020] UKSC 25) the Supreme Court has held that an insolvent company retains the right to refer a dispute to adjudication, and only in ‘very exceptional circumstances’ should the court restrain the exercise of that right.

RWK Goodman successfully opposed an application for a validation order pursuant to section 127 of the Insolvency Act 1986 on behalf of the liquidators of Grabal Alok (UK) Limited (in liquidation) formerly trading as Store 21.

While the headlines in 2019 were predominantly occupied by the “B” word, it is clear that we are set for further uncertainty in 2020 due to the current outbreak of the coronavirus, or COVID-19.