Cases


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Phoenix v Phoenix [2020] EWHC 1409 (Ch)

Area of Law: Private Client Trusts and Probate

Jonathan Fowles acted for the successful claimant in a claim to enforce a testamentary option. The case involved arguments about the construction of a will and whether in the circumstances all executors needed to be individually served with the relevant option notice. The case is also notable for its approach to an award of statutory interest.

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Nuffield Health v London Borough of Merton

Area of Law: Charities

Jonathan Fowles acted with Cain Ormondroyd (Francis Taylor Building) for Merton Council in defending a claim to establish charitable exemption from non-domestic rates for one of Nuffield Health’s fitness and wellbeing centres. The claim succeeded, but the Court of Appeal has given Merton permission to appeal. The case raises important issues about the charitable exemption and the public benefit test in charity law.

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Nimat Halal Food Ltd & Anor v Patel & Anor [2020] EWHC 734 (Ch)

Area of Law: Insolvency

In Nimat Halal Food Ltd v Patel [2020] EWHC 734 (Ch), Zoe O’Sullivan QC appeared for the creditor in an insolvency case in which Chief ICC Judge Briggs gave guidance on the personal liability of an administrator to pay costs following a creditor’s successful appeal against the

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Shanghai Shipyard Co Ltd v Reignwood International Investment (Group) Company Ltd [2020] EWHC 803 (Comm)

Area of Law: Banking and Financial Services

Zoe O’Sullivan KC acted for the successful defendant in a US$170m guarantee claim brought by the Shanghai Shipyard, in which Robin Knowles J held that the guarantee given by it to the Shipyard in respect of the final installment of a shipbuilding contract was not a performance bond but gave rise only to secondary liability: Shanghai Shipyard v Reignwood International Investment (Group) Company Ltd [2020] EWHC 803 (Comm). She is also acted for the shipowner in its 2021 LMAA arbitration claim under the shipbuilding contract.

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Taylor v Rhino Overseas Inc. [2020] EWCA Civ 353

Area of Law: Commercial Litigation

Lance Ashworth QC and Dan McCourt Fritz represented the Respondents in an appeal from the decision of Julia Dias QC as a High Court Judge [2019] EWHC 1951 (Ch).  The Court of Appeal held that the Judge had been right to say that agency did not extend to allow the party to enter into the contract as agent for an undisclosed principal. Further, it upheld the Judge’s findings that the relevant agent was not, in any event, intended to be a party to the contract.  Appeal was dismissed.

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L v B [2020] DIFC ARB 014

Area of Law: Arbitration

In L v B [2020] DIFC ARB 014 (17 June 2020), Rupert Reed QC and Gregor Hogan obtained an order for the recognition of a London arbitration award, a worldwide freezing order and the first notification order made by the DIFC Court against a UAE resident entrepreneur.

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Christoforou v Christoforou [2020] EWHC 1196 (Ch)

Area of Law: Civil Fraud

In Christoforou v Christoforou [2020] EWHC 1196 (Ch) the High Court struck out allegations of dishonesty, fraud, and illegality from an Amended Defence and excluded those allegations from consideration (and cross-examination) at trial.  Giving judgment HH Judge Stephen Eyre QC (sitting as a High Court Judge) found that the allegations amounted to similar fact of evidence but that they were of “peripheral” value to the Claimant’s claim that a London property is held on trust for him pursuant to a common intention constructive trust. Allowing the allegations to remain, he held, would have greatly increased the cost, and risked an adjournment, of the trial. Daniel Lightman QC and Stephanie Thompson represent the Claimant. The trial is due to take place in July 2020.

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Ward v Savill [2020] EWHC 1534 (Ch)

Area of Law: Civil Fraud

In Ward v Savill [2020] EWHC 1534 (Ch), James Mather acted for the successful defendant in the determination of a preliminary issue on whether declarations obtained in earlier proceedings to which the defendant was not a party that property was held on constructive trust for the claimants could be relied on in future proceedings for purposes of asserting a tracing or following claim against her. The case is due to be heard by the Court of Appeal in March 2021.

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Grupo Mexico SAB DE CV & Ors v The Registrar Of Companies For England And Wales & Ors [2018] EWHC 1306 (Ch)

Area of Law: Partnership and LLP

Please click here to view the judgment.

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