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Russian bank ruling clarifies UK sanctions regime
Authors: Law 360 Zoe O'Sullivan KC

Writing in Law360, Serle Court's Zoe O'Sullivan KC assesses the decision in PJSC National Bank Trust v Mints [2023] EWHC 118 (Comm), discussing how Cockerill J found that it is not contrary to the UK's anti-Russian sanctions regime for a court to enter judgment in favour of a sanctioned party.

The full article is available here (behind a paywall).

Zoe O'Sullivan KC is an experienced barrister and arbitrator practising at Serle Court in London. She is recommended by Chambers UK Bar for Commercial Dispute Resolution, Banking & Finance and Information Technology. Zoe is also recommended in Dispute Resolution (The English Bar - United Arab Emirates) by Chambers Global.

Click here for more about Zoe’s practice.


Bitcoin networks may owe fiduciary duties to bitcoin owners
Authors: UK Tech News

In a recent article for the UK Tech News, Serle Court's Zoe O’Sullivan KC writes about the Court of Appeal case Tulip Trading Limited v van der Laan [2023] EWCA Civ 83 titled ‘Bitcoin networks may owe fiduciary duties to bitcoin owners’. Zoe explores in this article how the Court of Appeal has opened the door to the possibility of a court finding that developers who control bitcoin networks may owe fiduciary duties to bitcoin owners who use their networks.

The full article is available here.

Zoe O’Sullivan KC is a robust and experienced advocate who thrives on the challenges of oral advocacy and cross-examination.  She is recommended by Chambers UK Bar for Commercial Dispute Resolution, Banking & Finance and Information Technology. Zoe is also recommended in Dispute Resolution (The English Bar - United Arab Emirates) by Chambers Global.

Here for more about Zoe’s practice.


If it ain’t broke, don’t fix it: the English Arbitration Act and confidentiality
Authors: Zoe O'Sullivan KC

Zoe O’Sullivan KC has written an article for Global Arbitration Review titled 'If it ain’t broke, don’t fix it: the English Arbitration Act and confidentiality'.

In the article, Zoe considers the Law Commission's long-awaited review of the Arbitration Act 1996 and argues that the Law Commission’s provisional conclusion not to adopt a statutory code of confidentiality in the English Arbitration Act is pragmatic and sensible. She looks at important recent case-law including Economic Department of City of Moscow v Bankers Trust Co [2005] QB 207; Emmott v Michael Wilson & Partners [2008[ EWCA Civ 184; Halliburton v Chubb [2020] UKSC 48; and AEGIS v European Re [2003] UKPC 11.

This article was published in Global Arbitration Review on 18 October 2022. Read Zoe’s article here (paywalled). 


Equitable mistake (Middleton v Middleton Enterprises (Holdings) Ltd)
Authors: LexisPSL Richard Wilson KC, James Weale, Oliver Jones

Richard Wilson QCJames Weale and Oliver Jones have written an article on 'Equitable Mistake' in the case of Middleton v Middleton Enterprises (Holdings) Ltd.  In the Private Client analysis published by LexisPSL, the authors consider the following areas:

  • Equitable mistake (Middleton v Middleton Enterprises (Holdings) Ltd)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

The court held that a series of interest-free loan agreements between a company’s shareholders and the company could be set aside for mistake under the equitable principles applicable to voluntary dispositions as set out in Pitt v Holt. The decision makes clear that the court will look at the substance of a transaction, and not simply its form, in deciding whether, on a claim for mistake, the equitable or common law principles should apply. 

To read the full article sign in to LexisPSL or take a trial. Click here to redirect to the LexisNexis website.


60 Seconds with Philip Marshall QC
View PDF Authors: Philip Marshall KC

Philip Marshall QC features in the latest ThoughtLeaders4 Disputes Magazine, 'Companies and Shareholders in the Spotlight' with a 60 second interview answering questions such as...

  • What do you like most about your job?
  • What has been the best piece of advice you have been given in your career?
  • What is the most significant trend in your practice today?

Cick here to view the interview.


Quasi-Partnerships in Public Companies
View PDF Authors: Daniel Lightman KC, Max Marenbon

Can a listed public company ever be a quasi-partnership?  Yes, say Daniel Lightman QC and Max Marenbon in an article published in the recent ThoughtLeaders 4 Disputes Magazine Issue 5 'Companies and Shareholders in the Spotlight'. 

To read their article, please click here.

View the full magazine here.


Liquidators: A duty to deal with trust assets?
View PDF Authors: Lance Ashworth KC, Wilson Leung

Lance Ashworth QC and Wilson Leung, new member of Serle Court, have co-authored an article - ‘Liquidators: A duty to deal with trust assets?’ - in the recently published CMI International Insolvency & Restructuring Report 2022/23.

The article considers the issue often faced by the liquidator of a company on how to deal with property held on trust by the company and whether there is a duty under English law.

Click here to view the article.

The International Insolvency & Restructuring Report is the leading global guide to the insolvency and restructuring marketplace. This 6th edition includes a Foreword by John Martin, Chair of the International Insolvency Institute.


Re Klimvest Plc: practical impact of new substratum winding-up decision explained
View PDF Authors: Daniel Lightman KC, Max Marenbon

For litigators and corporate lawyers considering the impact on their clients of Re Klimvest Plc [2022] EWHC 596 (Ch), where the High Court granted a minority shareholder’s petition to wind up a listed plc on the ground of “loss of substratum” under section 122(1)(g) of the Insolvency Act 2006, Daniel Lightman QC and Max Marenbon have published a short analysis on LexisPSL. Their analysis covers the background to the case, the court’s reasoning and the practical implications for minority shareholders, company boards and those advising them. 

Daniel Lightman QC and Max Marenbon represented the successful petitioner in Re Klimvest Plc [2022] EWHC 596 (Ch), instructed by Tamar Halevy of Marriott Harrison LLP.

To read their article, please click here.


Difficulties of summary determination of oral contract and unjust enrichment claims (Richards v Kulczyk)
Authors: Tim Benham-Mirando

Paul Adams and Tim Benham-Mirando recently appeared for the successful respondent in Richards v Kulczyk & Ors [2022] EWHC 863 (Ch). Tim has drafted the following article on the practical implications of the case, and why it is of interest to practitioners. 

Read the article on LexisNexis here.