Cases


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Jean-Charles v The Attorney General of The Bahamas and ors [2022] UKPC 51

Area 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.

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Ticehurst & Ors v Harbour Fund II LP & Ors [2022] EWHC 3053 (Comm)

Area 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.

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Grand View Private Trust Co Ltd and another (Respondents) v Wong and others

Area 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)).

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Guy’s & St Thomas’ NHS Foundation Trust and Anor v ESMS Global Limited and Ors

Area 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.

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Croxen & Ors v Gas and Electricity Markets Authority & Ors

Area 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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Al Buhaira National Insurance Co v Horizon Energy

Area of Law: UAE & DIFC Litigation

Zoe O’Sullivan KC and Gregor Hogan acted in the DIFC Court for the successful respondent in Al Buhaira National Insurance Co v Horizon Energy LLC CFI 098/2021 (9 November 2022), obtaining the dismissal of Al Buhaira’s application for an anti-suit injunction preventing Horizon from pursuing parallel proceedings in Sharjah.  This important judgment contains valuable consideration of the role of comity when the DIFC Court is called upon to address conflicts of jurisdiction between the different courts of the UAE.

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Privy Council hands down judgment in the Re ZII Trust/Investec2 appeals

Area of Law: Private Client Trusts and Probate

The Privy Council today handed down a landmark judgment in trusts law in the cases of ITG Ltd v Fort Trustees Ltd and Equity Trust (Jersey) Ltd v Halabi, holding that a trustee’s right of indemnity gives them a proprietary interest in the trust assets which survives cessation of trusteeship, but, by a 4 to 3 majority and allowing the appeals, that, if the trust assets are insufficient to satisfy the claims of all trustees, the liens of the trustees rank pari passu among themselves rather than on a first in time basis.

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Dusoruth v Orca Finance UK Ltd (in liquidation)

Area of Law: Insolvency

Lance Ashworth KC and Wilson Leung, instructed by Stephenson Harwood LLP, acted for the successful respondent in Dusoruth v Orca Finance UK Ltd (in liquidation) [2022] EWHC 2346 (Ch).

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Chandler v Wright

Area of Law: Insolvency

The High Court has found that myriad claims against the former directors of BHS fall to be struck out in the context of the high-value, complex litigation being brought by the joint liquidators of the BHS companies against the former directors of those companies.

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