"impressive silks and juniors are praised for their strength in depth"
Serle Court “offers a variety of skill sets that others can’t provide, and houses some of the biggest names at the Bar”
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.
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.
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).
Richard Wilson QC, James 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:
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.
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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...
Cick here to view the interview.
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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.
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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.
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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.
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.
We are delighted to announce that the 20th edition of Underhill and Hayton, Law of Trusts and Trustees has now been published. Serle Court barrister Prof. Jonathan Harris QC (Hon.) and associate member of chambers, Dr Sinéad Agnew are co-authors of the book (along with HHJ Paul Matthews and Prof. Charles Mitchell).
First published in 1878, Underhill and Hayton is widely recognised as one of the leading practitioner texts in its field.
To view further details of the new edition, please click here.
Paul Adams has written an article taking a new look at the use of a "True Effect of the Trusts" analysis to give creditors access to trust assets. The Article has been published in Trusts & Trustees.
The article is available to subscribers of Trust and Trustees and can be accessed here.
Hugh Norbury QC and Dan McCourt Fritz have contributed an article to the ICC FraudNet Global Annual Report 2022. This year's report focuses on The Ever-Evolving Nature of Fraud and Financial Crime: International Insights and Solutions. The article titled 'The Honest Forger and the Importance of Crying Foul: Insights on Forgery in English Law' can be found at pp. 206-211 in Part Seven of the report which focuses on 'Forgery'.
This report is edited by Dr Dominic Thomas-James.
The report can be accessed here.
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Gregor Hogan discusses ‘LLPs and Derivative Actions: Homes for England v (1) Nick Sellman (Holdings) Ltd (2) Bromham Road Development LLP [2020] EWHC 936 (Ch)’. The judgment, by Zacaroli J, confirmed that the test to be applied in determining whether to grant permission for a member to continue a derivative claim on behalf of an LLP is the common law test in Foss v Harbottle not that contained in the Companies Act 2006.
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Gregor Hogan discusses Furlough and Administration: In the matter of Carluccio’s Limited [2020] EWHC 886 (Ch).
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Gregor Hogan discusses the recent judgment in Barkatali v Augustine [2020] EWHC 753 (Ch) and how Morgan J dismissed an application for an interim injunction.
In an article for New Law Journal, Andrew Francis discusses ‘Troubles with rights of light’. Andrew explains why the recent decision in Beaumont has importance beyond the world of rights of light.
Please click here to read the article.
The 20th edition of Lewin on Trusts, of which James Brightwell is a co-author, has published this week.
The new edition has been extensively re-organised and substantially expanded and is now in two volumes. Among other things, it now contains a chapter on trusts and divorce. For further details, and to purchase a copy, please click here.
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Judgment in Shanghai Shipyard v Reignwood International Investment (Group) Company Ltd [2020] EWHC 803 (Comm) was handed down on Friday, 3rd April. Zoe O'Sullivan QC of Serle Court and Harry Wright of 7KBW acted for Reignwood. Please click here for the judgment.
