Cases


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Geneva Trust Company (GTC) SA v IDF & Anr (Re Stingray Trust) (judgment 21/12/20)

Area of Law: Private Client Trusts and Probate

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. 

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HMRC v IGE USA Investments [2020] EWHC 2121 (Ch)

Area of Law: Civil Fraud

A claim arising from the Revenue’s contention that it has rescinded tax settlements with the UK Subgroup of the US conglomerate worth upwards of £650m. In this interim decision Zacaroli J granted the Claimant’s permission to amend the claim to allege fraud, and in so doing held that the claim was not subject to a 6-year limitation period by analogy with the tort of deceit (which decision is currently on appeal to the Court of Appeal).

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SPI North Ltd v Swiss Post International (UK) Ltd [2020] EWHC 3268 (Ch)

Area of Law: Commercial Litigation

David Drake acted for the successful defendants in SPI North Ltd v Swiss Post International (UK) Ltd [2020] EWHC 3268 (Ch), where the court had to consider the practical limits to the permission, frequently given to respondents to an amendment application, to make "consequential" amendments to their own responsive statement of case. 

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Secretary of State for Health v Servier Laboratories Ltd [2020] 3 WLR 1207

Area of Law: Competition Law and State Subsidies

David Drake appeared for the successful respondents in the Supreme Court hearing Secretary of State for Health v Servier Laboratories Ltd [2020] 3 WLR 1207, where it was held that the EU law principle of absolute res judicata arising from decisions of the European Courts annulling acts of EU institutions could not be applied in a legal context detached from the annulling judgment.

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Re Keeping Kids Company; Official Receiver v Atkinson [2020] EWHC 2839 (Ch)

Area of Law: Company

These are believed to be the first ever proceedings for disqualification of charity trustees as company directors. This interlocutory decision concerned whether the Official Receiver could advance at trial case of breach of duty based on the existing evidence but not previously advanced as such. Falk J held this course was not open to the Official Receiver.

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Lucas v Gatward [2020] EWHC 3040 (Ch)

Please click here to view the judgment.

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Bidzina Ivanishvili v Credit Suisse Life (Bermuda) [2020] CA (Bda) 13 Civ

Area of Law: Commercial Litigation

The Bermuda Court of Appeal (Sir Christopher Clarke, Gloster and Smellie J) has dismissed Credit Suisse Life’s appeal against wide ranging disclosure orders (save for a short separate point on waiver of privilege) granted by Hargun CJ in February 2020.

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Basin Supply Corporation v (1) Rouge LLC (2) Claude Barret [2018] CFI 057

Area of Law: International and Offshore

James Weale (instructed by Dentons) acted for the successful claimant in a claim to enforce the terms of a promissory note and a related guarantee. This followed James’ successful dismissal of a jurisdiction challenge submitted to the JJC. H.E. Justice Ali Al Madhani held that an express choice of law agreement in a negotiable instrument was valid and enforceable (para 37). Moreover, the Court rejected the Second Defendant’s case that the guarantee was unenforceable by reason of a material variation pursuant to the rule in Holme v Brunskill (1871) 3 Q.B.D. 495 (paras 48-59). James also obtained an order for costs to be assessed on the indemnity basis (para 65).

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Loveridge v Loveridge [2020] EWCA Civ 1104

Area of Law: Partnership and LLP

Lance Ashworth QC and Dan McCourt Fritz acted for the successful Appellants in Loveridge v. Loveridge [2020] EWCA Civ 1104 overturning injunctions in an unfair prejudice petition and in partnership proceedings which had granted the running of the companies and partnerships to a minority shareholder and partner.  The Court of Appeal effectively put the majority back in charge.  Both the petition and the partnership proceedings continue and will come on for trial in 2022.

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