"impressive silks and juniors are praised for their strength in depth"
Serle Court is able to offer outstanding expertise in the field of Private International Law. Its members have appeared in many of the leading cases in this area. Prof Jonathan Harris KC (Hon.) is a pre-eminent expert in all aspects of Private International Law, and joint general editor (with Lord Collins of Mapesbury) of the foremost practitioner work, Dicey, Morris and Collins, The Conflict of Laws.
Members of chambers regularly deal with all aspects of the rules of jurisdiction. This includes the Brussels I Regulation, applications for service out of the jurisdiction and forum non conveniens challenges; as well as such matters as service of process overseas, obtaining evidence abroad, freezing injunctions and anti-suit injunctions. The recognition and enforcement of foreign judgments, both in England and in offshore jurisdictions, is a key aspect of Serle Court’s work.
Serle Court also offers expertise in all aspects of choice of law, including the choice of law rules in contract in the "Rome I" Regulation and the "Rome II" Regulation on choice of law for non-contractual obligations. Professor Jonathan Harris KC (Hon.) is the author of the leading text on the Hague Trusts Convention/ Recognition of Trusts Act 1987. Members of chambers are also expert on issues relating to international trusts, succession and wills, and choice of law issues arising in matrimonial matters and ancillary relief applications.
Members routinely appear in and advise on Private International Law litigation issues in jurisdictions around the world, including Anguilla, Antigua, The Bahamas, Barbados, Bermuda, The British Virgin Islands, The Cayman Islands, Cyprus, DIFC, Gibraltar, Guernsey, Hong Kong, The Isle of Man, Jersey, St Kitts & Nevis and The Turks & Caicos Islands. They also provide expert opinions on aspects of English Private International Law in foreign proceedings.
Geneva Trust Company (GTC) SA v IDF & Anr (Re Stingray Trust) (judgment 21/12/20):
Dakis Hagen QC appeared for the first defendant in Geneva Trust Company (GTC) SA v IDF & Anr (21/12/2020) FSD 248 OF 2017 (IKJ) in her successful application for a stay of a claim in the Cayman Islands seeking declarations as to the validity of a Cayman Islands trust which trust was already being impugned by her in ongoing litigation in Italy. The application was met in part by the argument that the Cayman court had an exclusive statutory jurisdiction to determine such matters under s. 90 of the Cayman Trusts Law (which, it was said, in that context abrogated the power to stay on grounds of forum non conveniens); the court noted that such had been the orthodox view historically based on authorities stretching back 20 years.
However, having conducted a full survey of the case law, Kawaley J found that on analysis no authority was binding or persuasive as to the presence of such a statutory exclusive jurisdiction, nor was such the proper reading of the statute, and on the facts ordered a stay of the Cayman claim. The case is also important more widely for its commentary on the scope of jurisdiction clauses in trust instruments in the wake of Crociani.
Dakis Hagen QC appearing with Rachael Reynolds and Deborah Barker Roye (both of Ogier) represented the successful applicant.
The full judgment is accessible here.
GDE LLC v Anglia Autoflow Ltd [2020] EWHC 105 (Comm):
Prof Jonathan Harris QC (Hon.) & Adrian de Froment instructed by the successful Defendant in trial of a preliminary issue as to the governing law of an agency contract to distribute poultry equipment in North America.
Please click here to view the judgment.
Grupa Ozarow v Clean Energy Trading CL:
Professor Jonathan Harris QC (Hon.) and Sophie Holcombe acted for the defendant company trading in Carbon Credits in successfully discharging an ex parte injunction obtained in support of Polish proceedings on the basis, inter alia, that the relevant EU jurisdiction rules were arguably infringed.
Please click here for the judgment.
Welcome to SerleShare
SerleShare is an up-to-date digital marketing initiative that came to life in July 2020 when our Business Development and... Read More
#SerleShare: The Correct Scope of Section 5 of the Protection of Trading Interests Act 1980
In his article for #SerleShare, Anthony Kennedy considers the Commercial Court’s recent construction of Section 5 of the Protection... Read More
Welcome to SerleShare
SerleShare is an up-to-date digital marketing initiative that came to life in July 2020 when our Business Development and... Read More
#SerleShare: The Correct Scope of Section 5 of the Protection of Trading Interests Act 1980
In his article for #SerleShare, Anthony Kennedy considers the Commercial Court’s recent construction of Section 5 of the Protection... Read More
