Cases


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Lifestyle Equities CV v Santa Monica Polo Club [2018] FSR 15

Area of Law: Intellectual Property

Michael Edenborough KC leading Thomas St Quintin acted for the successful claimant in this trademark trial concerning the logo of a polo player where the potentially differentiating words “Beverley Hills” and “Santa Monica” were held not sufficient to avoid liability.

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Glenn v Watson [2018] EWCH 2016 (Ch)

Area of Law: Chancery

Elizabeth Jones QC, Justin Higgo, Gareth Tilley, Paul Adams, Zahler Bryan and Oliver Jones continue to act for Sir Owen Glenn and his company, Kea Investments Limited in their dispute with New Zealand businessman Eric Watson, following the judgment in Glenn v Watson [2018] EWCH 2016 (Ch) in which Kea suceeded in establishing its entitlement to set aside agreements relating to a joint venture etween Sir Owen and Eric Watson on the baiss of (i) fraudulent misrepresentations made on behalf of Mr Watson, (ii) breach of Mr Watson's fiduciary duty to Kea. The court gave an important decision on equitable interest, awarding interest of 6.5% compounded annually, at [2018] EWCH 2016 (Ch). Litigation continues as Kea seeks to enforce its judgment againts Mr Watson's assets in the UK and internationally. 

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Khan v Gany Holdings [2018] UKPC 21

Area of Law: Private Client Trusts and Probate

Alan Boyle QC, Richard Wilson QC, and Zahler Bryan appeared for the successful respondents in this case involving allegations that a trustee had wrongfully failed to account for trust assets worth $100m and that an appointment by trustees should be set aside.

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Ubbi v Ubbi [2018] W.T.L.R 1039

Area of Law: Private Client Trusts and Probate

James Weale acted for the defendant in Ubbi v Ubbi [2018] W.T.L.R 1039 an Inheritance Act Claim which was the subject of a week-long trial in the High Court. The judgment is the first decision in recent years to have considered the principles applicable to claim brought by minor children of the deceased. 

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ND v SD & Ors [2018] 1 FLR 1489

Area of Law: Matrimonial Finance: Trusts and Company law

In ND v SD & Ors [2018] 1 FLR 1489, Emma Hargreaves acted as Chancery counsel for the husband before Roberts J in respect of preliminary issues arising in the context of financial remedy proceedings, including whether a foreign trust was a sham, whether shares had been validly transferred into the trust and whether the transfers should be set aside under section 37 of the Matrimonial Causes Act 1973.

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Gupta v Gupta [2018] EWHC 1353 (Ch)

Area of Law: Private Client Trusts and Probate

Constance McDonnell QC appeared in May 2018 against James Weale in Gupta v Gupta [2018] EWHC 1353 (Ch) a contentious probate dispute in which her client propounded a will made by his Indian mother. The deputy Judge considered detailed evidence and arguments about the testatrix's ability to read and understand English, and concluded that the will was vaild. 

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Mackie v Scott [2018] JRC 102A

Area of Law: Property

Kathryn Purkis advised in the Jersey case of  Mackie v Scott [2018] JRC 102A  in which it was confirmed for the first time under Jersey law that (alleged) misrepresentations in precontractual enquiries are not forgiven by the so-called "tout tel" clause in a Jersey conveyance. 

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Accident Exchange Ltd & Anor v McLean & Ors [2018] EWHC 1533 (Comm)

Area of Law: Commercial Litigation

In Accident Exchange v McLean & Ors, Hugh Norbury QC, Dan McCourt Fritz, and Charlotte Beynon continue to act for Keoghs, one of three firms of solicitors joined to Accident Exchange's £130m conspiracy claim relating to Autofocus' "perjury on an industrial scale". Following successful applications by Keoghs and the other firms for security for costs, the claim settled shortly before trial. 

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Lamble v Buttaci [2018] UKUT 175 (LC)

Area of Law: Property

In Lamble v Buttaci  [2018] UKUT 175 (LC) Andrew Francis successfully relied upon s. 84(1) LPA 1925 to modify restrictive covenants over land in Surrey Green Belt to allow a new house and garage. Where a covenant is qualified by consent requirement there is no need to seek declaration of the Court on whether consent refused unreasonably. The decision contains warnings about the effect of the conduct of the objectors' solicitor on costs recovery by his client. 

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