Cases


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Hirachand v Hirachand

Area of Law: Private Client Trusts and Probate

An award under the Inheritance (Provision for Family and Dependants) Act 1975 can include a lump sum to enable the claimant to discharge all or part of a success fee payable under a CFA.

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Moskofian v Foster & Ors

Area of Law: Private Client Trusts and Probate

Andrew Francis acted for the Applicant in an application to modify a restrictive covenant in Ealing, West London, and succeeded on payment of compensation to the objectors.  The decision is significant in terms of:

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Watson v Kea Investments

Area of Law: International and Offshore

Elizabeth Jones QC, Justin Higgo QC, Gareth Tilley, Paul Adams, Zahler Bryan, and Oliver Jones continue to act for Kea Investments in the ongoing litigation against Eric Watson, following the substantial judgment obtained against Mr Watson for deceit and breach of fiduciary duty in 2018. This year resulted in notable decisions on the circumstances in which a defendant can have resort to assets subject to a freezing or proprietary injunction when there is an unsatisfied judgment debt ([2020] EWHC 472 (Ch)), a judgment creditor’s right to be subrogated to the position of a bank that had used money held on trust for the judgment creditor to satisfy debts of its customer, the judgment debtor ([2020] EWHC 309 (Ch)) and, in a judgment reaffirming the risk taken by litigants who deliberately breach court orders, Mr Watson was committed to prison for 4 months for failing to disclose assets which were made available for his use ([2020] EWHC 2599 (Ch); [2020] EWHC 2796 (Ch)). Mr Watson’s application to stay the committal order was refused.

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Wong v Grand View Private Trust Company Ltd

Area of Law: International and Offshore

Dakis Hagen QC (assisted by Emma Hargreaves) acts for the Plaintiffs and Jonathan Adkin QC (assisted by Adil Mohamedbhai) acts for the Defendant trustee in Wong & Anor v Grand View Private Trust Company Ltd, a claim to recover substantial trust property transferred to a trustee of a purpose trust. The Plaintiffs succeeded in obtaining summary judgment at first instance on the ground that powers of addition and exclusion cannot be exercised in a manner which alters or destroys the substratum of the trust ([2019] SC (Bda) 37 Com (5 June 2019)), but this was overturned by the Bermuda Court of Appeal in April 2020 (Civil Appeal No. 5A of 2019, 20 April 2020). Richard Wilson QC (assisted by James Weale) acts for Tony Wang, an intervenor in the appeal. The Plaintiffs and Tony Wang have each been granted leave to appeal to the Judicial Committee of the Privy Council.

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State of Qatar v Emirates NBD Bank

Area of Law: Banking and Financial Services

Philip Marshall QC, Jonathan Harris QC (Hon.) and James Mather are acting for Abu Dhabi Commercial Bank in State of Qatar v Emirates NBD Bank, one of the largest claims to be brought in the English High Court, in which claims are brought against the bank by the State of Qatar in conspiracy said to arise out of an alleged international scheme to manipulate the value of Qatari currency and bonds connected with the so-called ‘blockade’ of Qatar by neighbouring Gulf states causing the Qatari Central Bank to have to deposit US$13 billion.

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Lunar Holdings Ltd v Lunar Caravans Ltd

Area of Law: Intellectual Property

In Lunar Holdings Ltd v Lunar Caravans Ltd, Thomas Braithwaite blended IP and company law when he appeared in the IPEC for defendants accused of breach of a trade mark licence. A summary judgment application was defeated on the grounds that the claimant arguably did not have good title to the trade mark, having acquired it by way of an unlawful return of capital and disguised distribution by a company to its shareholder.

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Business Energy Solutions v Scrivener & Ors

Area of Law: Civil Fraud

Philip Marshall QC and Matthew Morrison continue to act for Business Energy Solutions (BES) in respect of proceedings arising from the obtaining and execution of search warrants, and an ongoing trading standards investigation into BES’s affairs. The claims, which seek damages for misfeasance in public office and just satisfaction under the Human Rights Act 1998, raise novel points of public and private law including immunity from suit. The 12-day trial commences in November 2021.

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Vale v Steinmetz & Ors

Area of Law: Civil Fraud

Philip Jones QC and Hugh Norbury QC are each instructed on behalf of separate Defendants in the major commercial fraud case of Vale v Steinmetz & Ors, arising out of a failed mining joint venture in Guinea. The claim is for nearly US$2 billion.

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Cesfin Ventures LLC v Ghaith Al Qubaisi

Area of Law: Arbitration

In Cesfin Ventures LLC v Ghaith Al Qubaisi, Rupert Reed QC and Gregor Hogan obtained a worldwide freezing order in the Chancery Division against a director and shareholder of a UAE conglomerate in support of New York proceedings against him as “alter ego” of the UAE holding company, alternatively in setting aside fraudulent transfer to himself and others of company assets to frustrate enforcement of the award rendered in an ICC arbitration seated in New York.

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