Cases


"impressive silks and juniors are praised for their strength in depth"
Chambers UK
Serle Court “offers a variety of skill sets that others can’t provide, and houses some of the biggest names at the Bar”
Chambers UK

Re London Resort Co Holdings Ltd [2024] EWHC 3287 (Ch)

Area of Law: Company

Judgment has been handed down in Re London Resort Co Holdings Ltd [2024] EWHC 3287 (Ch), an interesting High Court case concerning irremediable breaches of the terms of a company voluntary arrangement (CVA) by an insolvent company and the refusal by the CVA supervisor to terminate the CVA in response to such breaches. ICC Judge Barber’s judgment provides helpful guidance about CVAs and the duties of CVA supervisors. The case is a rare example of a successful challenge to a decision/omission of a CVA supervisor under section 7(3) of the Insolvency Act 1986.

Read More
Hirachand v Hirachand [2024] UKSC 43

Area of Law: Private Client Trusts and Probate

The Supreme Court handed down judgment this morning in Hirachand v Hirachand, holding that CFA success fees could not form part of any relief granted under the Inheritance (Provision for Family and Dependants) Act 1975.  Constance McDonnell KC, together with Christopher Wagstaffe KC and Sophia Rogers, acted for the Respondent, instructed by Scott Taylor at Moore Barlow.

Read More
Bionome v Clearwater [2024] EWHC 3155 (Ch)

Area of Law: Intellectual Property

Judgment has been handed down in Bionome v Clearwater [2024] EWHC 3155 (Ch), an interesting High Court appeal concerning intellectual property and trusts. The judgment of Tom Mitcheson KC addresses issues including the patent entitlement, the proper construction of an alleged assignment and whether a trust had been validly declared by conduct. The case is also a rare example of a successful application to adduce fresh evidence on appeal under CPR r. 52.21(2), applying the Ladd v Marshall criteria.

Read More
Carmon v Cuenda [2024] DIFC CA 003

Area of Law: UAE & DIFC Litigation

Landmark Judgment from the DIFC Court of Appeal

Read More
Town of Harrow-on-the-Hill v Attorney General [2024] EWHC 2857 (Ch)

Area of Law: Charities

 Jonathan Fowles acted for the Attorney General in The Keepers and Governors of the Possessions, Revenues and Goods of the Free Grammar School of John Lyon, within the Town of Harrow-on-the-Hill v Attorney General [2024] EWHC 2857 (Ch). The case concerned Harrow School’s claim for a cy-près scheme to expand and update its objects originally set out in a Royal Charter of 1572. In his judgment, the Hon. Mr Justice Rajah rejected the claim. The judgment is important for its discussion of the cy-près jurisdiction and as the first authority on certain provisions of the Public Schools Act 1868 which was passed to reform the affairs of 7 leading public schools, including Harrow, following the report of the Clarendon Commission.

Read More
East Riding of Yorkshire Council as Administrating Authority of the East Riding Pension Fund v KMG [2024] EWHC 2845 (Ch)

Area of Law: Insolvency

Section 221(1) of the Insolvency Act 1986 provides that “any unregistered company may be wound up under this Act”.  By section 220, ““unregistered company” includes any association and any company, with the exception of a company registered under the Companies Act 2006 in any part of the United Kingdom.”  Does the use of the word “includes” mean that entities other than associations and companies can be wound up under section 221(1)?  

Read More
Daji v Mohammed [2024] EWCA 1247

Area of Law: Charities

Jonathan Fowles acted for the successful Respondents in Daji v Mohammed [2024] EWCA 1247, led by Mark Sefton KC of Falcon Chambers.

Read More
Jaffé v Greybull Capital LLP [2024] EWHC 2534 (Comm)

Area of Law: Commercial Litigation

Thomas Elias (instructed by Andrew Head, Bryan Shacklady and David Young of Forsters LLP and led by John Wardell KC of Wilberforce Chambers) acted on behalf of the successful Defendants in this 3 week, multi-million pound Commercial Court fraud claim brought by the insolvency administrator of Wirecard.

Read More
Viegas & Ors v Estate of Jose Luis Cutrale & Anor [2024] EWCA Civ 1122

Area of Law: Private International Law

Thomas Fletcher acted on behalf of the successful Defendants in these appeals concerning, among other things, principles of private international law in the context of administration of estates and succession (instructed by James Hennah and Tom Cassels of Linklaters and led by Brian Kennelly KC black and Paul Luckhurst of Blackstone Chambers).

Read More