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Approach to interest and costs in Section 238 proceedings confirmed

In its recent judgment of In the Matter of Qunar Cayman Islands Limited,(1) the Grand Court confirmed and clarified how interest on awards in Section 238 proceedings is to be calculated and how the costs of such proceedings are to be determined. The judgment helpfully clarifies that the midpoint approach previously taken in Shanda(3) is the correct methodology for determining the fair rate of interest payable in Section 238 proceedings. This will be welcomed by dissenting shareholders, particularly where the company has a relatively high cost of borrowing and/or where the prudent investment rate of return has been high during the period that they have been kept out of their money. However, the precise midpoint will always be fact specific and is likely to be the subject of expert evidence in most cases.

Approach to interest and costs in Section 238 proceedings confirmed

In its recent judgment of In the Matter of Qunar Cayman Islands Limited,(1) the Grand Court confirmed and clarified how interest on awards in Section 238 proceedings is to be calculated and how the costs of such proceedings are to be determined. The judgment helpfully clarifies that the midpoint approach previously taken in Shanda(3) is the correct methodology for determining the fair rate of interest payable in Section 238 proceedings. This will be welcomed by dissenting shareholders, particularly where the company has a relatively high cost of borrowing and/or where the prudent investment rate of return has been high during the period that they have been kept out of their money. However, the precise midpoint will always be fact specific and is likely to be the subject of expert evidence in most cases.

Hello Poppy Boutique leaves Warehouse District in Peoria

PEORIA  Just seven-and-a-half months after opening in the Warehouse District, Hello Poppy Boutique is moving to a strip mall in central Peoria.  With the grand opening happening Saturday at 4923 N. Sheridan Road, owner Justice Parker was bustling about on Wednesday morning.   “Our contractor is finishing literally in an hour, so we are spending all night tonight and then the next two days getting everything situated, she said. “I actually have my entire softball team coming and helping put up displays and cleaning today.”  Parker, 25, had never owned a store before opening Hello Poppy, though she knew quite a bit about being an entrepreneur from growing up in the family, which owns the 50 s Diner. Parker’s shop will now be much closer to the diner in the busy Peoria Metro Centre, a fact she hopes will help bring more foot traffic into the store. 

Who are the nine people who sit on our State Supreme Court?

This week allow me to share with you a sketch of the men and women who sit on our State Supreme Court. These nine Justices are all Republican, all conservative on both social and business issues. All are very devout in their faith and very connected to their church and their family. Chief Justice Tom Parker has been on the State Supreme Court since 2005. He was born and raised in Montgomery and went to Dartmouth College and Vanderbilt Law School. Chief Justice Parker and his wife the former Dottie James of Auburn have been married 39 years. Dottie was a supervisor of the governor’s mansion during the Fob James administration. They are Methodist.

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