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Area of Law: Private Client Trusts and Probate
Dakis Hagen QC was instructed for Appleby in Appleby Trust (Mauritius) Limited v Crociani [2018] JCA 136A, the substantive appeal in the long-running and high value Crociani litigation in Jersey. The appeal was allowed to the extent that the equitable compensation to be paid by the main appellants was substantially reduced. The judgment addressed circumstances in which a court will decline equitable compensation as a matter of discretion, even when a breach of trust is established. Stephanie Thompson has since been instructed with Dakis for Appleby in the ongoing litigation and Giles Richardson has advsed another party in related matters.
Read MoreArea of Law: Banking and Financial Services
In Punjab National Bank (PNB) v Srinivasan [2019] EWHC 3495 (Ch), Matthew Morrison appeared for the Third Defendant in connection with an appeal from a judgment setting aside permission to serve the Defendants out of the jurisdiction. PNB's claims in respect of loans totaling US$37 m were based on personal guarantees and allegations that the loans had been produced by fraudulent misrepresentation. The decision to set aside permission on the grounds of non-disclosure of existing foreign proceedings, and the absence of viable claims in contract and deceit, was upheld on appeal.
Read MoreArea of Law: Commercial Litigation
Lance Ashworth QC and Matthew Morrison acted on behalf of the Claimant in Blackstar Advisors v Cheyne Capital [2019] EWCA Civ 2210 in a 10-day commercial court trial claiming €25 million of introducers' fees against a hedge fund.
Read MoreArea of Law: Commercial Litigation
In Munkenbeck & Marshall v The Vinyl Factory [2019] EWHC 3255 (TCC) Justin Higgo, assisted by Mark Wraith, successfully defended unjust enrichment claims commenced by an architect in respect of the redevelopment of the Marshall Street Baths in Westminister.
Read MoreArea of Law: Civil Fraud
In Akhmedova v Akhmedov [2018] EWFC 23, Dakis Hagen QC represented the wife in a case in which Mr Justice Haddon-Cave, as part of satisfaction of England's largest divorce award, transferred to her ownership of a superyacht allegedly worth $487m, pierced the corporate veil of a Liechtenstein anstalt, set aside a number of dispositions under section 423 of the Insolvency Act 1986 and extended a worldwide freezing order.
Read MoreArea of Law: Regulatory and Disciplinary
On Friday 4 October 2019, Mr Justice Warby granted a Group Litigation Order (‘GLO’), paving the way for many thousands of claimants to bring legal action against British Airways arising out of the well-publicised breach of its website and mobile app which resulted in the theft of customers’ personal data. David Blayney QC, Sophie Holcombe, and Sophia Hurst act for the largest group of claimants, represented by the Lead Solicitors under the GLO, SPG Law.
Read MoreArea 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.
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