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Area of Law: Commercial Litigation
James Weale acts for the claimant in an application for a charging order against a valuable property in London held through a trust structure to enforce a $20m judgment debt. Following a heavily contested application disclosure, James succeeded in obtaining an order for specific disclosure in respect of over 50 separate categories of documents.
Read MoreArea of Law: Commercial Litigation
Lance Ashworth QC and Dan McCourt Fritz acted for the successful Respondents in the Court of Appeal in Taylor v Van Dutch Marine Holding [2020] EWCA Civ 353, in a claim concerning agents for undisclosed principals. They are now instructed for the defendants in Taylor v Khodabaksh in which it is claimed that the original decision in Taylor v Van Dutch Marine Holding was obtained by fraud. That will come on for trial in 2022.
Read MoreArea of Law: Intellectual Property
Stephanie Wickenden represented easyGroup successful High Court appeal from the Trade Marks Registry that gives new guidance on how Nice Classification numbers may be used to interpret a trade mark specification.
Read MoreArea of Law: Commercial Litigation
In Filatona Trading Ltd v Navigator Equities Ltd [2020] 1 Lloyd’s Rep. 418, James Weale acted for the successful respondent before the Court of Appeal. The Court of Appeal gave guidance on the inter-relationship between principles of agency law and contractual construction in order to determine when a disclosed principal can intervene in, and assert rights under, a contract. James acts in related proceedings in Jersey which have been listed for trial in March 2021.
Read MoreArea of Law: Private International Law
Prof Jonathan Harris QC (Hon.) & Adrian de Froment instructed by the successful Defendant in trial of a preliminary issue as to the governing law of an agency contract to distribute poultry equipment in North America.
Read MoreArea of Law: Civil Fraud
In Russell v Cartwright [2020] EWHC 41 (Ch), Dan McCourt Fritz and Stephanie Thompson represented three defendants in the trial of a claim for fraudulent non-disclosure and unlawful means conspiracy brought by their former business partner. They were wholly successful at trial, with the Court finding that the parties did not owe fiduciary duties or duties of disclosure and that the defendants had been honest in their dealings with the claimant. The defendants were entitled to their costs on the indemnity basis.
Read MoreArea of Law: Commercial Litigation
Prof. Jonathan Harris and Oliver Jones were instructed in Bowes v Panareti [2018] a jurisdiction dispute concerning alleged misselling of properties in Cyprus.
Read MoreArea of Law: Intellectual Property
Michael Edenborough KC leading outside junior counsel and Thomas Elias in two interim applications against D1-3 and D4-5. The first concerned the justiciability of suing in the UK some foreign defendants for trade mark infringements that occurred abroad. The second concerned the scope of pleading that alleged the invalidity of some trade marks. There was a third interim decision that involved the admissibility of opinion evidence given by a trade witness.
Read MoreArea of Law: Civil Fraud
Hugh Norbury QC and Adil Mohamedbhai appeared in Motortrak Ltd v FCA Australia Pty Ltd [2018] EWHC 990 (Comm) a contractual and civil fraud dispute which was tried before Moulder J in the Commercial Court over three weeks. This is an important decision on the law of affirmation of contracts procured by bribes and on the construction of exclusion clauses.
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