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Area of Law: Intellectual Property
Stephanie Wickenden acted for Glaxo in this trial of a passing off case relating to the colour and shape of a respiratory inhaler. Led by outside leading counsel.
Read MoreArea of Law: Property
Lance Ashworth QC and Jamie Randall are representing the Defendants in Wright v Hill & Impact Property Development, a property development dispute concerning development sites in Rickmansworth worth up to £25 million. The Claimants are represented by James Mather.
Read MoreArea of Law: Property
Judgment was handed down on Thursday 23rd May 2019 after the judge ruled in favour of the Respondent, Lucy Habberfield, in an inheritance dispute. The court heard that Lucy Habberfield had been promised that the family dairy farm would be bequeathed to her by her late father. However, following a fight with her sister, Sarah, Lucy left the family home and subsequently brought a legal claim for the farm she was promised.
Read MoreArea of Law: Private Client Trusts and Probate
Richard Wilson QC continues to act for Ashley Dawson-Damer in trust litigation in three jurisdictions. In England, he appeared in Dawson-Damer v Taylor Wessing [2020] EWCA Civ 352 & [2019] EWHC 1258 (Ch) the leading case on obtaining trust documents by way of subject access requests under data protection legislation. In Dawson-Damer v Lyndhurst [2019] SC (Bda) 8 Richard obtained an injunction from the Bermudian Court preserving trust funds pending the determination of the Bahamian break of trust proceedings.
Read MoreArea of Law: Commercial Litigation
James Mather, instructed by Cooke, Young & Keidan’s Sinead O’Callaghan, successfully obtained the dismissal of an injunction application brought by Schillings against a former partner of the firm and an indemnity costs order against Schillings, which was ordered to pay the full amount of the respondent’s costs on summary assessment. The Judge held that the application was in breach of a binding arbitration clause and reaffirmed the principle that costs will be awarded on the indemnity basis against a party who brings court proceedings in breach of an arbitration agreement. Schillings was represented by Jeremy Callman, instructed by Fox Williams.
Read MoreArea of Law: Company
In Griffith v Gourgey, Daniel Lightman QC, Adil Mohamedbhai and Emma Hargreaves continue to represent respondents to three unfair prejudice petitions seeking orders for the purchase of their shares in substantial property development companies. In November 2019, the Court of Appeal handed down its judgment ([2019] EWCA Civ 2046) on appeals against two rulings by Sir Nicholas Warren regarding strike-out of the petitions and amendment of another petition.
Read MoreArea of Law: Commercial Litigation
In Estera Trust v Singh Daniel Lightman QC and Emma Hargreaves respresented Jasminder Singh, the chief executive of a prominent hotel chain, the principle respondent to the section 994 petition presented by his brother and a connected trust company. In 2018, Fancourt J ordered the purchase of their shares on a discounted basis ([2019] 1 BCLC 171). Following the second trial in 2019, Fancourt J fixed the purchase price of the shares and an award of quasi-interest ([2019] EWHC 873 (Ch)).
Read MoreArea of Law: Partnership and LLP
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Area of Law: Commercial Litigation
Philip Marshall QC and Matthew Morrison represented the Independent Directors of Carlyle Capital Corporation defending liquidator claims seeking US$1bn for alleged breaches of fiduciary duty and wrongful trading. The case involved a number of complex legal issues relating to directors' duties, wrongful trading, statutory remedies, causation and quantum not previously considered in Guernsey.
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