Cases


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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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Chaggar v. Chaggar [2018] EWHC 1203 (QB)

Area of Law: Commercial Litigation

In Chaggar v. Chaggar [2018] EWHC 1203 (QB), Richard Wilson QC and James Weale successfully respresented the Claimant following a week-long trial which raised issues of economic duress and the legality of an agreement by a company to purchase its own shares.

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Aurora Developments Ltd v Delta Holdings Ltd [2018] EWHC 1047 (Ch)

Area of Law: Property

Rupert Reed QC acted in Aurora Developments Ltd v Delta Holdings Ltd [2018] EWHC 1047 (Ch); [2018] EWHC 1836 (Ch) in obtaining summary judgment, after a three-day hearing, on complex fraud and commercial claims brought by two syndicates of European investors against the promoters of the North Kensington Gate development valued at £70m. The project can now proceed with the creation of over 200 new homes in the regeneration of Old Oak.

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Pelikan v EUIPO (NBA Properties Inc. intervening) Case T-112/17:

Area of Law: Intellectual Property

Thomas Elias acted for the successful intervener in this appeal before the General Court relating to the logo of the New Orleans Pelicans basketball team.

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Investec Trust (Guernsey) Ltd v Glenalla Properties Ltd [2018] UKPC 7

Area of Law: Private Client Trusts and Probate

Kathryn Purkis  and James Brightwell obtained judgment in and undertook the costs arguments in respect of the Privy Council decision of Investec Trust (Guernsey) Ltd v Glanalla Properties Ltd [2018] UKPC 7. This case confirmed (amongst other things) that the private international law status of trustees (at least of Channel Island trusts), and that notwithstanding the Jersey legislation, a creditor must nonetheless access trust funds by being subrogated to the trustee's indemnity from the fund. 

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Instant Access Properties v Rosser [2018] EWHC 756 (Ch)

Area of Law: Company

Lance Ashworth QC and Matthew Morrison secured judgment secured judgment for the First Defendant , Mr Rosser in Instant Access Properties v Rosser successfully defeating a fraudulent trading and breach of fiduciary duty claim of £35 million.

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JSC BTA Bank v Ablyazov & Anor [2018] EWCA Civ 1176

Area of Law: Civil Fraud

Philip Jones QC acted for the Kazakh bank BTA in its claim to recover in excess of $4bn from which it has been defrauded by Mukhtar Ablyazov. He was involved in a trial that sought to recover assets from Mukhtar Ablyazov's son.

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Versteegh v Versteegh (reported as W v W [2017] EWHC 123 (Fam))

Area of Law: Matrimonial Finance: Trusts and Company law

In Versteegh v Versteegh (reported as W v W [2017] EWHC 123 (Fam)), Daniel Lightman QC, representing the husband in high-value matrimonial proceedings, persuaded Sir Peter Singer that he should transfer shares in family companies, rather than pay a lump sum, to the wife, and that the shares she should be given should be ordinary, not preference, shares.

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Campbell v Campbell [2018] EWCA Civ 80

Area of Law: Partnership and LLP

John Machell QC appeared in the Court of Appeal in the long running Campbell v Campbell [2018] EWCA Civ 80 partnership litigation on a point as to whether a litgant in person could recover the costs of an overseas lawyer. 

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