Recourse to the courts, or at least the threat of litigation, as a means of obtaining leverage in corporate transactions appears to be a growing phenomenon in the US. The aim may be to secure more favourable terms or to preclude a deal altogether.

The Oracle/PeopleSoft saga is the latest example. As trends in business, as well as litigation, regularly cross the Atlantic from the US to the UK, are there signs of similar developments here, too? M&A activity was increasing at the end of 2004 and this is expected to continue into 2005, so this seems an appropriate time to take stock.