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Area of Law: Intellectual Property
Stephanie Wickenden acted for Glaxo in this trial of a passing off case relating to the colour and shape of a respiratory inhaler. Led by outside leading counsel.
Read MoreArea of Law: Property
Lance Ashworth QC and Jamie Randall are representing the Defendants in Wright v Hill & Impact Property Development, a property development dispute concerning development sites in Rickmansworth worth up to £25 million. The Claimants are represented by James Mather.
Read MoreArea of Law: Property
Judgment was handed down on Thursday 23rd May 2019 after the judge ruled in favour of the Respondent, Lucy Habberfield, in an inheritance dispute. The court heard that Lucy Habberfield had been promised that the family dairy farm would be bequeathed to her by her late father. However, following a fight with her sister, Sarah, Lucy left the family home and subsequently brought a legal claim for the farm she was promised.
Read MoreArea of Law: Private Client Trusts and Probate
Richard Wilson QC continues to act for Ashley Dawson-Damer in trust litigation in three jurisdictions. In England, he appeared in Dawson-Damer v Taylor Wessing [2020] EWCA Civ 352 & [2019] EWHC 1258 (Ch) the leading case on obtaining trust documents by way of subject access requests under data protection legislation. In Dawson-Damer v Lyndhurst [2019] SC (Bda) 8 Richard obtained an injunction from the Bermudian Court preserving trust funds pending the determination of the Bahamian break of trust proceedings.
Read MoreArea of Law: Commercial Litigation
James Mather, instructed by Cooke, Young & Keidan’s Sinead O’Callaghan, successfully obtained the dismissal of an injunction application brought by Schillings against a former partner of the firm and an indemnity costs order against Schillings, which was ordered to pay the full amount of the respondent’s costs on summary assessment. The Judge held that the application was in breach of a binding arbitration clause and reaffirmed the principle that costs will be awarded on the indemnity basis against a party who brings court proceedings in breach of an arbitration agreement. Schillings was represented by Jeremy Callman, instructed by Fox Williams.
Read MoreArea of Law: Company
In Griffith v Gourgey, Daniel Lightman QC, Adil Mohamedbhai and Emma Hargreaves continue to represent respondents to three unfair prejudice petitions seeking orders for the purchase of their shares in substantial property development companies. In November 2019, the Court of Appeal handed down its judgment ([2019] EWCA Civ 2046) on appeals against two rulings by Sir Nicholas Warren regarding strike-out of the petitions and amendment of another petition.
Read MoreArea of Law: Commercial Litigation
In Estera Trust v Singh Daniel Lightman QC and Emma Hargreaves respresented Jasminder Singh, the chief executive of a prominent hotel chain, the principle respondent to the section 994 petition presented by his brother and a connected trust company. In 2018, Fancourt J ordered the purchase of their shares on a discounted basis ([2019] 1 BCLC 171). Following the second trial in 2019, Fancourt J fixed the purchase price of the shares and an award of quasi-interest ([2019] EWHC 873 (Ch)).
Read MoreArea of Law: Partnership and LLP
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Area of Law: Commercial Litigation
Philip Marshall QC and Matthew Morrison represented the Independent Directors of Carlyle Capital Corporation defending liquidator claims seeking US$1bn for alleged breaches of fiduciary duty and wrongful trading. The case involved a number of complex legal issues relating to directors' duties, wrongful trading, statutory remedies, causation and quantum not previously considered in Guernsey.
Read MoreArea of Law: Intellectual Property
Adrian de Froment acted for the successful defendants in INVISTA v Botes and ors ([2019] EWHC 58 (Ch)), a dispute involving allegations that biotechnology research scientists formerly employed by the claimant had acted in breach of confidence and of pre- and post-termination employment covenants, and that they had procured breaches of contract by a third party. This was also one of the rare cases in which a Part 36 offer was found not to have been a genuine offer to settle and it would therefore have been unjust to enforce the costs consequences in CPR 36.17 ([2019] EWHC 1086 (Ch)).
Read MoreArea of Law: Intellectual Property
Stephanie Wickenden acted as sole counsel in this dispute of jurisdiction application in relation to a trade mark and passing off claim, owing to previous proceedings in Cyprus.
Read MoreArea of Law: Private Client Trusts and Probate
Richard Wilson QC appeared in one of the most high-profile claims under the Inheritance Act: Bhusate v Patel [2019] EWHC 470 (Ch), which involved permission to bring a claim out of time.
Read MoreArea of Law: Intellectual Property
Stephanie Wickenden acted for Glaxo in this second appeal in relation to a revocation of a pharmaceutical shape mark. Led by outside counsel.
Read MoreArea of Law: Civil Fraud
Dakis Hagen QC and Emma Hargreaves are acting for the trustee of a Bermuda trust, with assets worth billions of dollars, in proceedings against its former director who refused to hand over trust property following his resignation. In the recent judgment, St John's Trust Company (Pvt) Ltd v Tamine [2018] EWHC 3629 (Ch) they successfully obtained interim relief (along with indemnity costs) against the former director under section 25 if the Civil Jurisdiction and Judgments Act 1982 in support of the Bermuda proceedings.
Read MoreArea of Law: Private Client Trusts and Probate
Will Henderson acted for the independant trustees in the potentially game-changing case of Lehtimaki v Children’s Investment Fund Foundation [2018] EWCA Civ 1605. The Court of Appeal held that, at least where they were few in number, members of charitable companies owed fiduciary duties to the charity and could not vote in their decisions unless they had acted or were threatening to act improperly. At the time of writing there is an outstanding application for permission to appeal to the Supreme Court.
Read MoreArea of Law: Private Client Trusts and Probate
Constance McDonnell QC was a junior counsel for the respondant in Illot v The Blue Cross [2017] UKSC 17, a landmark case in the Supreme Court and the first claim under the Inheritance (Provision for Family and Dependants) Act 1975 ever to be considered at that level. 7 Justices of the Supreme Court considered the criteria to be assessed in such claims, and their judgment in March 2017 attracted widespread national press headlines.
Read MoreArea of Law: International and Offshore
Philip Jones QC appeared in the Cayman Islands Court of Appeal in Shanda Games, one of China's largest computer games companies which delisted from the NYSE on a merger taking place. This was the first case to reach the Court of Appeal in relation to section 238 of the Cayman Companies Law, and involves an important point of principle as to whether a minority discount should be placed to valuation of shares of dissenting shareholders to a merger. Judgment is awaited, and the matter is expected to reach the Privy Council.
Read MoreArea of Law: Matrimonial Finance: Trusts and Company law
In HRH Louis Prince of Luxembourg v HRH Tessy Princess of Luxembourg [2018] 2 FLR 480, Emma Hargreaves acted as Chancery counsel for the wife before Macdonald J in respect of financial remedy proceedings in which issues including reporting restrictions and the right to respect for private life were addressed.
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