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Dispute Resolution - Some recent cases in Litigation
Dispute Resolution
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Dispute Resolution - Some recent cases in Litigation
Recovery under the Bankruptcy Act
Counsel in court proceedings in the Court of Appeal for Western Sweden regarding recovery under the Bankruptcy Act. The main matter in dispute, which has yet to be tried by the Supreme Court, is whether a claim for recovery is subject to the Statute of Limitations.
Counsel for the National Debt Office
Counsel in parallel proceedings in the Stockholm District Court and before the Examination Board. In November 2008, the National Debt Office took over an investment bank and a holding company under the Support Act in order to protect the stability of the financial system.
The former owner of the two companies is questioning the takeover and at the same time seeks to adjust the valuation. The former owner has applied for the valuation to be reviewed by the Examination Board, asserting that the valuation to be fixed for the investment bank should be several billion Swedish kronor more than both the sales price and the valuation that the independent valuers arrived at. The Debt Office has contested this claim and also requested that the Stockholm District Court declares that the takeover was conducted properly.
Challange of a Shareholders’ Resolution
The dispute concerns the challenge of a shareholders’ resolution to conduct a merger. The counterparty , a minority holder in the property company, claims that the purchase sum was approximately SEK 75 million too low.
Counsel for Leading Supplier of Pharmaceuticals
Counsel to the respondent hailing from France, one of the world’s leading suppliers of pharmaceuticals, in a dispute with a Swedish distributor. The claim relates to an agreement regarding distribution of pharmaceuticals to organizations in developing countries.
Damages due to Distribution of Dividends and Group Contributions
Counsel for a Swedish limited liability company in on-going court proceedings in Stockholm against the bankruptcy estate of an aviation company (formerly owned by the client). The dispute concerns claims for damages due to distribution of dividends and group contributions allegedly made in breach of Swedish accounting legislation.
Insurance Dispute
Counsel for a large forest owner in a dispute with an international insurance company. The client had much of its forest assets destroyed in the January storms of 2005 and the dispute relates to claims under an insurance policy. Proceedings are pending in Solna District Court.
Plant Delivery
Counsel for the respondent, one of Europe’s leading producers of paperboard and paper, in a dispute with a second hand distributor of machinery. The dispute regards the sale of industrial machinery used in the production of paper.
Income Tax
Counsel in court proceedings against the Swedish Tax Authority over alleged income-tax evasion. Our clients risked having to pay SEK 300 million in additional taxes. The case was tried this past summer and the outcome was a complete success for our clients.
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