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Area of Law: Private Client Trusts and Probate
In B v B, Emma Hargreaves and Gregor Hogan act for the wife in divorce proceedings involving Portuguese property held in a Cypriot trust. The case involves complex questions of jurisdiction and trusts law, and is expected to be one of the first decisions considering the Privy Council’s decision in Webb v Webb. Judgment is expected in early 2021.
Read MoreArea of Law: Competition Law and State Subsidies
Professor Suzanne Rab represented Riverside Truck Rental in parallel proceedings in the Technology and Construction Court (TCC) and the Administrative Court for judicial review. The claim raised EU and procurement law questions arising out of the conduct of a public procurement procedure subject to the requirements of the Public Contracts Regulations 2015 (SI 2015/102) (PCR 2015) and related duties arising under EU law. The case raised novel issues of law including consideration of when judicial review claims can be brought where there is a statutory procedure.
Read MoreArea of Law: Insolvency
In Trafalgar v Hadley & Ors Justin Higgo QC and Jamie Randall continue to represent the liquidator of Trafalgar in multi-party proceedings in the Chancery Division to recover funds misappropriated from a Cayman Islands segregated portfolio by its fiduciaries.
Read MoreArea of Law: Company
In Re: H Limited, Timothy Collingwood QC acts for majority shareholders in BVI proceedings involving allegations against them of unfairly prejudicial conduct, where the Court has had to address the effect on the claim against the shareholders of an arbitration agreement in the company’s articles of association.
Read MoreArea of Law: Company
In Medical Imaging Partners v St Joseph’s Independent Hospital, the question arose as to whether an MRI machine and other medical equipment subject to chattel leases had become annexed to land owned by a company in administration, so that title to the equipment passed to the purchasers of the business when the company’s assets were sold by the administrators. Thomas Braithwaite acted for the purchasers.
Read MoreArea of Law: Civil Fraud
Philip Jones QC and Gareth Tilley are acting for HMRC in HMRC v IGE USA Investments Ltd, a claim arising from the Revenue’s contention that it has rescinded tax settlements with the UK Subgroup of the US conglomerate worth upwards of £650m. The trial is to take place in late 2021. An interlocutory decision of Zacaroli J reported at [2020] EWHC 2121 (Ch) permitting the Claimants to amend to allege fraud is currently on appeal to the Court of Appeal raising the question of what if any limitation period applies to equitable claims for rescission on the basis of fraudulent misrepresentation.
Read MoreArea of Law: Private Client Trusts and Probate
Dakis Hagen QC appeared for the first defendant in Geneva Trust Company (GTC) SA v IDF & Anr (21/12/2020) FSD 248 OF 2017 (IKJ) in her successful application for a stay of a claim in the Cayman Islands seeking declarations as to the validity of a Cayman Islands trust which trust was already being impugned by her in ongoing litigation in Italy. The application was met in part by the argument that the Cayman court had an exclusive statutory jurisdiction to determine such matters under s. 90 of the Cayman Trusts Law (which, it was said, in that context abrogated the power to stay on grounds of forum non conveniens); the court noted that such had been the orthodox view historically based on authorities stretching back 20 years.
Read MoreArea of Law: International and Offshore
In Basin v Rouge CFI 057/2018, James Weale appeared in the last in-person hearing in the DIFC Court before lockdown. Following a trial, James obtained judgment for the claimant in a claim under a guarantee agreement: [2018] CFI 057. The Court gave guidance on the extent to which variations to underlying obligations affect the validity of an associated guarantee. James also successfully defeated a jurisdiction challenge submitted to the Joint Judicial Committee (Cassation No. 9 of 2019).
Read MoreArea of Law: Commercial Litigation
David Drake acted for the successful defendants in SPI North Ltd v Swiss Post International (UK) Ltd [2020] EWHC 3268 (Ch), where the court had to consider the practical limits to the permission, frequently given to respondents to an amendment application, to make “consequential” amendments to their own responsive statement of case.
Read MoreArea of Law: Competition Law and State Subsidies
David Drake appeared for the successful respondents in the Supreme Court hearing Secretary of State for Health v Servier Laboratories Ltd [2020] 3 WLR 1207, where it was held that the EU law principle of absolute res judicata arising from decisions of the European Courts annulling acts of EU institutions could not be applied in a legal context detached from the annulling judgment.
Read MoreArea of Law: Civil Fraud
Jonathan Adkin QC and Charlotte Beynon act for the fourth defendant and Philip Marshall QC and Simon Hattan for the fifth defendant in Public Institution for Social Security of Kuwait v Al-Rajaan and Ors, one of the largest fraud claims ever heard in the Commercial Court. PIFSS alleges that the defendants are liable for over US$800m as a result of a large-scale fraud perpetrated by its former director general, Mr Al-Rajaan, in conjunction with the other defendants. The Serle Court contingent recently successfully challenged the jurisdiction of the English Court to hear the claims against their clients, with the Court directing that the claims should be heard in Switzerland, a decision which the Claimant has been given permission to appeal.
Read MoreArea of Law: Company
Gareth Tilley acted as junior counsel for the Official Receiver in Re Keeping Kids Company; Official Receiver v Atkinson, the disqualification proceedings arising from the collapse of the charity Kids Company. These are believed to be the first-ever proceedings for disqualification of charity trustees as company directors and they raise questions about the standard to be applied to unpaid trustee directors, whether a remunerated charity CEO can or ought to be classified as a de facto company director, and what degree of latitude the trustee directors have in relation to the pursuit of charitable objects when the company is of doubtful solvency.
Read MoreArea of Law: Private Client Trusts and Probate
Constance McDonnell QC successfully resisted the adjournment of a trial sought for Covid-related reasons in Lucas v Gatward [2020] EWHC 3040 (Ch). The widely reported case about ownership of a family home settled shortly before the trial due to commence in November 2020.
Read MoreArea of Law: Company
Philip Jones QC was successful in the Privy Council in Ocean Sino, a case which involved a claim by one joint owner of a BVI company to wind it up on the just and equitable ground. He had previously acted at the original trial and before the BVI Court of Appeal.
Read MoreArea of Law: International and Offshore
In Attorney General v Zedra Fiduciary Services (UK) Ltd [2020] EWHC 2988 (Ch), Will Henderson acted for the Attorney General. This involved ‘The National Fund’ which was settled with £500,000 of cash and securities in 1928 on trust to accumulate income and profits until the date fixed by the trustee as being the date when, either alone or together with other funds then available for the purpose, the fund was sufficient to discharge the National Debt. The fund was then to be transferred to the National Debt Commissioners to be applied by them in reduction of the National Debt. The Fund is now worth about £0.5 billion. Zacaroli J held that there was a valid charitable trust and that the court had jurisdiction to order a cy-pres scheme. He adjourned the question of what (if any) scheme to order.
Read MoreArea of Law: International and Offshore
Rupert Reed KC and James Weale acted for the Claimant bank in a US$30m fraud claim against various defendants in proceedings in the DIFC in SBM Bank (Mauritius) Ltd v Renish Petroleum FZE (CFI 054/2018). Having successfully obtained summary judgment against the first two defendants, the trial against the third defendant has been listed in December 2021. A committal application against the first two defendants took place in January 2021. Please click here to view the judgment.
Read MoreArea of Law: Company
In Re Global-IP Cayman, Daniel Lightman QC, representing the majority shareholder in the Grand Court of the Cayman Islands, successfully argued before Parker J that (i) the case was an exception to the usual rule that the petitioning creditor should be awarded its costs of a winding-up petition (unrep, 21 July 2020) and (ii) the majority shareholder’s appointees to the company’s board had not been removed from office because on a proper interpretation of the company’s articles the relevant board meeting had been inquorate (unrep, 31 December 2020).
Read MoreArea of Law: Civil Fraud
Philip Marshall QC and Oliver Jones continue to represent Emmerson International Corporation and several other defendants and claimants by way of counterclaim and ancillary claim in proceedings in the BVI in a dispute worth circa US$1bn between two prominent Russian businessmen and associated parties concerning a joint venture in relation to power generation and distribution assets in Russia (Renova Industries Ltd & Ors v Emmerson International Corporation & Ors). The proceedings involve contractual claims and claims for breach of trust and dishonest assistance, deceit, conspiracy to injure and other economic torts. There were numerous interlocutory hearings and appeals in 2020, including a successful appeal by Emmerson against the lower court’s decision to set aside certain amendments to its claims (BVIHCMAP 2019/0017), applications made by Emmerson for anti-suit injunctions in relation to proceedings brought in Russia (currently subject to appeal) and Cyprus, and an application by the Renova parties for an order that Emmerson be required to share legal representation with certain other parties notwithstanding that there is a conflict of interests between them. Judgment of the ECCA is also pending on Emmerson’s appeal against the lower court’s decision to impose a confidentiality club in relation to disclosure ordered to be given ancillary to a freezing injunction obtained by Emmerson, which will be the first appellate decision on the subject in the BVI.
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