Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Company Law

Analysis - guidance - compliance

06 NOV 2013

Companies (Cross-Border Mergers) Regulations 2007

Protection of stakeholders


Nicholas Briggs (LL.M Bristol) Barrister, Guildhall Chambers, Bristol.



The High Court Chancery Division has found that reg 6 of the Companies (Cross-Border Mergers) Regulations 2007 (the “Regulations”) does not give or seek to give the court a discretion to exercise when deciding whether to grant a pre-merger certificate. It found that the discretion is only to be exercised at the second hearing. This brief article argues that as the court did not have two counsel arguing the issue, it was not presented with extensive argument on an important jurisdictional issue. It is argued that the court has discretion to exercise at both the pre-merger certification hearing and the final hearing.

To read the full article, click on the link below.


Contact Nicholas Briggs

Corporate Borrowing

Corporate Borrowing

Law and Practice

The authority on corporate borrowing

Available in Lexis®Library
Data Protection

Data Protection

The New Rules

Is a complete guide to the current and new data protection rules, and is based on the final...

Available in Lexis®Library