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Serle Court “offers a variety of skill sets that others can’t provide, and houses some of the biggest names at the Bar”
Area of Law: Civil Fraud
Mrs Justice Cockerill has recently handed down judgment in PJSC National Bank Trust v Mints [2023] EWHC 118 (Comm) in which she considered the effect of the Russian sanctions on various litigation issues. In short, she held that sanctioned claimants can sue for damages and judgment can be entered in their favour without the regulations being contravened; and payment of costs to and by sanctioned persons (i.e. adverse and favourable) and security for costs to be provided by sanctioned persons are licensable activities.
Read MoreArea of Law: Company
On 18th January 2023, Fancourt J handed down judgment in the ongoing unfair prejudice petition Zedra Trust Company (Jersey) Limited v. THG plc [2023] EWHC 65 (Ch), after the Court of Appeal had in 2021 struck out complaints that Zedra’s shareholding had been diluted [2021] EWCA Civ 904.
Read MoreArea of Law: Civil Fraud
In Frain (aka Reeves) v Reeves [2023] EWHC 73 (Ch), Elizabeth Jones KC and Paul Adams successfully opposed the grant of permission to bring committal proceedings in relation to alleged false statements made in pleadings and witness statements containing a statement of truth, and in disclosure statements. Significant aspects of the judgment include (a) confirmation at [26]-[32] that where it can be seen at the permission stage that more than one inference may reasonably be drawn in relation to evidence advanced in support of a committal application, the claimant will be unable to establish a strong prima facie case to the criminal standard at trial, so that permission should not be granted, (b) confirmation at [37]-[39] of the importance of the applicant’s case on a committal application being clearly and fully set out within the four corners of the application and (c) the Judge’s decision at [42] that a judgment made at the trial of underlying proceedings out of which a committal application arises is not admissible in the committal application against a person who was a witness in but not a party to the original proceedings.
Read MoreArea of Law: Company
James Mather and Mark Wraith appeared for the successful appellant in Malik v Hussain [2023] EWCA Civ 2, in which the Court of Appeal held that where there was a term requiring contracts to be exchanged within seven days of payment of the deposit by a successful bidder that only required the bidder to exchange within seven days of being presented with a contract in a form capable of being present with a contract in a form capable of being executed and exchanged. The issue arose in the context of a long-running partnership and company dispute concerning the ownership of a prominent restaurant business in Manchester. In previous trials James and Mark successfully established the disputed existence of the partnership and that the claimant was entitled to require an open market sale of the relevant assets rather than a buy-out at a valuation determined by the court.
Read MoreArea of Law: International and Offshore
The Judicial Committee of the Privy Council has handed down its advice in Jean-Charles v The Attorney General of The Bahamas and ors [2022] UKPC 51. The decision establishes that a constitutional challenge may be made in an action for habeas corpus and that separate legal proceedings are not required.
Read MoreArea of Law: Commercial Litigation
On 30 November, Mr Justice Foxton sitting in the Commercial Court, KBD handed down judgment in the matter of Ticehurst & Ors v Harbour Fund II LP & Ors [2022] EWHC 3053 (Comm). Elizabeth Jones KC, instructed by Harcus Parker led Daniel Saoul KC (4 New Square), and Richard Hoyle and Lorraine Aboagye (Essex Court) on behalf of Harbour.
Read MoreArea of Law: Private Client Trusts and Probate
The Privy Council has today handed down judgment allowing the appeals of Dr Winston Wong, Riley Wong and Tony Wang in the conjoined appeals of Grand View Private Trust Co Ltd and another (Respondents) v Wong and others [2022] UKPC 47. In one of the most important trusts law judgments in recent years the Board unanimously held that the exercise of a power adding and excluding beneficiaries was void on the basis that it was inconsistent with the purpose for which the power was conferred. The judgment has important implications for the exercise of fiduciary powers more generally. Of the eleven barristers from English chambers who appeared in the Privy Council, eight were from Serle Court: Dakis Hagen KC, Emma Hargreaves and Stephanie Thompson (instructed by Baker & McKenzie (London) and ASW Law Limited (Bermuda)) acted for the appellants in the first appeal; Richard Wilson KC, James Weale and Charlotte Beynon (instructed by Stewarts, MJM Limited (Bermuda) and Baker McKenzie (Taipei)) acted for the appellant in the second appeal; Jonathan Adkin KC and Adil Mohamedbhai acted for the respondent in both appeals (instructed by Skadden Arps Slate Meagher & Flom (London) and Conyers Dill & Pearman (Bermuda)).
Read MoreArea of Law: Company
Five members of Serle Court appeared in the recent case of Guy’s & St Thomas’ NHS Foundation Trust and Anor v ESMS Global Limited and Ors [2022] EWHC 2491 (Comm), on both sides of an application to strike out the Claim and for reverse summary judgment.
Read MoreArea of Law: Insolvency
On 11 November 2022 Mr Justice Zacaroli handed down judgment (available here) in respect of applications for directions by the office-holders of 10 failed energy suppliers.
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