Cases


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In the Matter of Z [2019] EWCOP 55

Area of Law: Court of Protection

Emma Hargreaves appeared in In the Matter of Z [2019] EWCOP 55, a Court of Protection decision concerning the application of the principles of open justice and the approach to requests for disclosure to a non-party of documents from proceedings conducted in private.

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Barker v Confiance [2019] EWHC 1401 (Ch)

Area of Law: Private Client Trusts and Probate

Constance McDonnell QC appeared before Morgan J in Barker v Confiance [2019] EWHC 1401 (Ch) in which the Judge exercised his discretion so as to make a costs order against a litigation friend, and clarified the applicable law.

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PTNZ v AS

Area of Law: International and Offshore

Dominic Dowley QC, Richard Wilson QC and Zahler Bryan acted for the trustee in PTNZ v AS, a Public Trustee v Cooper application concerning the restructuring of a substantial group of English trusts, in a case involving proceedings before the English and Jersey courts.

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Re B

Area of Law: International and Offshore

John Machell QC and Dakis Hagen QC appeared before the Chief Justice of the Cayman Islands in Re B, a Public Trustee v Cooper application approving the restructuring of a $1bn trust. Emma Hargreaves was junior counsel to the Protection Committee.

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The Union Castle Steamship Company Ltd v HMRC [2020] EWCA Civ 547

Area of Law: Tax

In The Union Castle Steamship Company Ltd v HMRC [2020] EWCA Civ 547 a case concerning the use of derivative contract rules to engineer tax deductible losses exceeding £100m, the Court of Appeal clarified the meaning of ‘loss’ and ‘arising from’ and the nature of the ‘fairly represents’ test in that context. The earlier decision of the Upper Tribunal also extended the application of transfer pricing rules to certain shareholder transactions (bonus share issues). Ruth Jordan acted for HMRC.

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Freshasia Foods Ltd v Lu [2019] EWHC 638

Area of Law: Intellectual Property

Stephanie Thompson successfully defended Mr Lu both at the interim injunction stage and at trial from claims that he had breached restrictive covenants and should be injuncted from working for his new employer. Arnold J found that the covenants were both void for uncertainty and unenforceable for being in breach of public policy and awarded indemnity costs to Mr Lu. The case also raised important questions of severability and was discussed in the Supreme Court decision of Egon Zehnder v Tillman.

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IPCom GmbH & Co KG v Vodafone Group PLC [2019] EWHC 1212 (Pat) and [2019] EWHC 1255 (Pat)

Area of Law: Intellectual Property

In IPCom GmbH & Co KG v Vodafone Group PLC [2019] EWHC 1212 (Pat) and [2019] EWHC 1255 (Pat) Prof. Jonathan Harris KC (Hon.) acted for Vodafone in a challenge to the court's jurisdiction to hear claims for infringement of standard essential patents and FRAND, where parallel proceedings had been ongoing in the German courts. 

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Ang v Reliantco [2019] 3 W.L.R. 161

Area of Law: Commercial Litigation

Jonathan Harris QC (Hon.) and Zahler Bryan successfully argued that an investor in Bitcoin futures was a consumer for the purposes of the European rules of jurisdiction in Ang v Reliantco [2019] 3 W.L.R. 161. 

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Anglia Autoglow North America LLC v Anglia Autoflow Ltd

Area of Law: Commercial Litigation

Jonathan Harris QC (Hon.) and Adrian de Froment appeared in the trial of the governing law of an agency contract to distribute poultry equipment in North America. 

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