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Area of Law: Commercial Litigation
The High Court gave guidance on the procedure for setting aside default judgment last week in Gilbert & BG Projects v Broadoak Private Finance [2024] EWHC 2046 (Comm). Andrew Hochhauser KC, sitting as a Deputy High Court Judge, confirmed that a draft Defence should be filed well in advance of the hearing. He did so in a costs judgment following his recent decision in Gilbert & BG Projects v Broadoak Private Finance (unreported, 28 June 2024) to affirm a substantial default judgment in part, rejecting an application by the Defendant to set it aside completely (the “Set-Aside Application”). The substantive proceedings concerned claims for repayment of various loans made by the Claimants to the Defendant for onward lending to a third party. The Claimants accepted that the defence to repayment of certain loans should be allowed to go to trial. However, they maintained that the Default Judgment should be preserved in relation to four loans, with a cumulative value of approximately 58% by value of the Default Judgment (the “Opposed Loans”).
Read MoreIn a judgment handed down this morning, Mrs Justice Cockerill has given important guidance on the effect and scope of a submission to the jurisdiction by a defendant in proceedings.
Read MoreArea of Law: Group Litigation
The Court of Appeal has given guidance on the circumstances in which a group of claimants can together issue one claim form.
Read MoreArea of Law: Company
Jonathan Adkin KC and Adil Mohamedbhai continue to act for the dissenters in Re Jardine Strategic Holdings Limited, a multi-billion-dollar shareholder appraisal action in Bermuda concerning the Jardine group of companies, a Fortune Global 500 group of companies and one of the largest conglomerates in the world.
Read MoreArea of Law: Civil Fraud
Dan McCourt Fritz KC and Andrew Gurr act in successful committal application
Read MoreArea of Law: Intellectual Property
Michael Edenborough KC and Thomas St Quintin (Hogarth Chambers) (instructed by Brandsmiths) acted for the successful Respondent in the Supreme Court, which dismissed Amazon’s appeal on whether its amazon.com site had targeted customers in the UK. This now becomes the leading judgment on targeting and will provide helpful, detailed guidance on the matter.
Read MoreArea of Law: Company
Dan McCourt Fritz KC and Ramyaa Veerabathran successfully represented the respondent controlling shareholder, Ivy Loveridge, in an application made by her son, Michael Loveridge, under paragraph 74 of Schedule B1 to the Insolvency Act 1986 (the “Insolvency Application”), seeking to prevent the administrators of Breton Park Residential Homes Ltd (“Breton Park”) from rescuing it as a going concern on the basis that the proposed rescue would be unfair to his interests, purportedly as a shareholder of the company.
Read MoreArea of Law: Company
Lance Ashworth KC and Dan McCourt Fritz KC acted on behalf of the successful appellants, THG plc and others, in this unfair prejudice petition, instructed by Catherine Naylor and Tom Cox at Gowling WLG (UK) LLP.
Read MoreArea of Law: Private Client Trusts and Probate
Constance McDonnell KC and George Vare, assisted by Anneliese Mondschein, acted on behalf of the successful Claimants in this contested probate claim (instructed by Bernadette Baker, Kate Harris, and Anna Lambert of Birketts LLP).
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