Cases


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Barker v Baxendale Walker [2018] 1 WLR 1905

Area of Law: Private Client Trusts and Probate

The appeal in Barker v Baxendale Walker, a professional negligence action concerning a fiscally ineffective employee benefit trust was heard by the Court of Appeal in October. The judgment is likely to provide clarity on the meaning of section 28(4) of the Inheritance Tax Act 1984. Dakis Hagen QC was among the counsel who appeared for the appellant and was assisted by Oliver Jones and Eleni Dinenis. 

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C v C [2016] Fam Law 20

Area of Law: Matrimonial Finance: Trusts and Company law

In C v C, Daniel Lightman QC represented the son in a successful application to set aside an ex parte order obtained by the husband in matrimonial proceedings which had the effect of restraining his wife and son from performing their duties as directors of two family-owned companies.  In a landmark judgment ([2016] Fam Law 20), Roberts J held that the Family Court has no jurisdiction to make such an order under either section 37 of the Matrimonial Causes Act 1973, section 37 of the Senior Courts Act 1981 or the court's inherent jurisdiction.

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NMSM Group Ltd v The Nightingale UK Limited

Area of Law: Intellectual Property

Gareth Tilley acted in this IPEC trial over a claim that the gay bar "Queer Street" infringed the trade mark of "Bar Queer"; the trial raised  an issue of whether the relevant IP rights had been effectively transferred to the claimant during an insolvency procedure. 

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Krys & Ors v KBC Partners LP & Ors [2015] UKPC 46

Area of Law: Partnership and LLP

Please click here to view the judgment.

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Phillips v Francis [2015] 1 WLR 741

Area of Law: Property

Decision by Court of Appeal as to the correct approach to the consultation requirements contained within the Landlord & Tenant Act 1985 and accompanying Regulations in respect of the recovery of service charges for qualifying works. Also important issues relating to the interpretation of a management charge clause. Christopher Stoner QC acted for the Lessees (instructed by Fursdon Knapper).

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Re Poon [2015] JCA 109

Area of Law: Matrimonial Finance: Trusts and Company law

In Re Poon [2015] JCA 109, Richard Wilson QC assisted Jersey advocates in an appeal against the Royal Court’s decision to approve the exclusion of a beneficiary following divorce proceedings in Hong Kong.

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Sony/ATV Music Publishing LLC v WPMC Ltd [2015] EWHC 1853 (Ch):

Area of Law: Intellectual Property

Stephanie Wickenden acted for WPMC in this trial involving rights to footage of the first Beatles concert recorded in the USA. Claims were brought under UK and USA copyright, with defences of a collateral contract and proprietary estoppel. Led by outside leading counsel.

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Moroccanoil Israel Ltd v Aldi Stores Ltd [2014] ETMR 55, [2015] FSR 4, [2015] ECC6

Area of Law: Intellectual Property

Michael Edenborough KC and Thomas Elias acted for the successful Defendant in this trial for alleged passing-off with respect to look-a-like packaging.

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Her Majesty’s Solicitor General v Dodd [2014] FSR 27

Area of Law: Commercial Litigation

Michael Edenborough KC acted for the Defendants on the application for committal for contempt of court.  In a design right and registered design right infringement case (which was successful [2014] ECCC 34), the claimant's principal witnesses had given false evidence repeatedly about another, but eventually not pursued, cause of action.  The principal deponent was sent to prison for 6 months, and the other for 2 months.

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