Cases


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Hagen v Hagen [2017]

Area of Law: Private Client Trusts and Probate

In Hagen v Hagen [2017], Dakis Hagen QC and Charlotte Beynon acted for the respondent husband in the substantial and much publicised divorce involving the family behind Viking River Cruises, in financial remedy proceedings in the High Court.  Alan Boyle QC, Nicholas Harrison and Jonathan McDonagh acted for the daughter and Emma Hargreaves appeared unled for another respondent in these proceedings. Jonathan Adkin QC and Adil Mohamedbhai had appeared for a corporate party at an earlier stage of the litigation.  The case settled confidentially mid-trial. 

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A v A; A v Line Trust Corporation Corporation & Ors (2017/CACIV/01)

Area of Law: Private Client Trusts and Probate

In A v A; A v Line Trust Corporation Corporation & Ors (2017/CACIV/01) (Gibraltrar), Dakis Hagen QC, Jonathan Harris QC (Hon.) and James Weale represented the applicant and Richard Wilson QC represented the respondent husband in one of highest value divorce cases in recent years. The dispute involved two complex overseas trust structures and generated six claims in three different jurisdictions (England, Gibraltar and the Cayman Islands).  The proceedings in Gibraltar concerned the court’s jurisdiction to determine matters relating to the validity of actions taken by the trustee of a Gibraltar trust when those issues had been raised in English matrimonial proceedings and gave rise to complex issues of private international law.  

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AF v MF & Ors [2016] EWFC 65

Area of Law: Private Client Trusts and Probate

Emma Hargreaves acted as Chancery counsel for the husband in financial remedy proceedings before Moor J, involving an offshore foundation and issues of "nuptial settlements", in which the wife alleged the husband was worth over £95 million but was awarded around £2 million following trial.  Jonathan McDonagh acted for the Husband's father.

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Grupa Ozarow v Clean Energy Trading CL

Area of Law: Chancery

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.

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Pinterest Inc v Premium Interest Ltd [2015] ECC 14, [2015] ETMR 30, [2015] FSR 27

Area of Law: Intellectual Property

Whether or not a CTM gives its proprietor a right to use such that it can act as a free-standing defence to an allegation of passing-off.

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Simba Toys GmbH & Co KG v OHIM (Rubik’s Cube) [2015] ETMR 15

Area of Law: Intellectual Property

An appeal to the General Court of the European Union, which decided that the black outline of the Rubik's Cube was permissible as a Community Trade Mark. Subsequently overturned on appeal where Simba was represented by different counsel.

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Ukelele Orchestra of Great Britain v Clausen

Area of Law: Intellectual Property

Acted for The United Kingdom Ukelele Orchestra (‘TUKUO’).  The trial of the dispute between the Ukulele Orchestra of Great Britain (‘UOGB’) and TUKUO.  UOGB succeeded in their passing off action, but TUKUO succeeded on their counterclaim in invalidating UOGB’s trade mark and in resisting UOGB’s claim for infringement of copyright in an alleged dramatic work consisting of the format of their concerts.

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First Peninsula Trustees Limited v Picard & others

Area of Law: Commercial Litigation

Alan Boyle QC and Giles Richardson act in proceedings in the BVI and Bermuda for trustees holding the proceeds of commission payments made by Madoff feeder funds to their investments adviser in defending claims by the liquidators of the funds. 

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Barker v Baxendale Walker [2018] 1 WLR 1905

Area of Law: Private Client Trusts and Probate

The appeal in Barker v Baxendale Walker, a professional negligence action concerning a fiscally ineffective employee benefit trust was heard by the Court of Appeal in October. The judgment is likely to provide clarity on the meaning of section 28(4) of the Inheritance Tax Act 1984. Dakis Hagen QC was among the counsel who appeared for the appellant and was assisted by Oliver Jones and Eleni Dinenis. 

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