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Area 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.
Read MoreArea of Law: Intellectual Property
Michael Edenborough KC leading Thomas St Quintin acted for the successful claimant in this trademark trial concerning the logo of a polo player where the potentially differentiating words “Beverley Hills” and “Santa Monica” were held not sufficient to avoid liability.
Read MoreArea of Law: Chancery
Elizabeth Jones QC, Justin Higgo, Gareth Tilley, Paul Adams, Zahler Bryan and Oliver Jones continue to act for Sir Owen Glenn and his company, Kea Investments Limited in their dispute with New Zealand businessman Eric Watson, following the judgment in Glenn v Watson [2018] EWCH 2016 (Ch) in which Kea suceeded in establishing its entitlement to set aside agreements relating to a joint venture etween Sir Owen and Eric Watson on the baiss of (i) fraudulent misrepresentations made on behalf of Mr Watson, (ii) breach of Mr Watson's fiduciary duty to Kea. The court gave an important decision on equitable interest, awarding interest of 6.5% compounded annually, at [2018] EWCH 2016 (Ch). Litigation continues as Kea seeks to enforce its judgment againts Mr Watson's assets in the UK and internationally.
Read MoreArea of Law: Private Client Trusts and Probate
Alan Boyle QC, Richard Wilson QC, and Zahler Bryan appeared for the successful respondents in this case involving allegations that a trustee had wrongfully failed to account for trust assets worth $100m and that an appointment by trustees should be set aside.
Read MoreArea of Law: Private Client Trusts and Probate
James Weale acted for the defendant in Ubbi v Ubbi [2018] W.T.L.R 1039 an Inheritance Act Claim which was the subject of a week-long trial in the High Court. The judgment is the first decision in recent years to have considered the principles applicable to claim brought by minor children of the deceased.
Read MoreArea of Law: Matrimonial Finance: Trusts and Company law
In ND v SD & Ors [2018] 1 FLR 1489, Emma Hargreaves acted as Chancery counsel for the husband before Roberts J in respect of preliminary issues arising in the context of financial remedy proceedings, including whether a foreign trust was a sham, whether shares had been validly transferred into the trust and whether the transfers should be set aside under section 37 of the Matrimonial Causes Act 1973.
Read MoreArea of Law: Private Client Trusts and Probate
Constance McDonnell QC appeared in May 2018 against James Weale in Gupta v Gupta [2018] EWHC 1353 (Ch) a contentious probate dispute in which her client propounded a will made by his Indian mother. The deputy Judge considered detailed evidence and arguments about the testatrix's ability to read and understand English, and concluded that the will was vaild.
Read MoreArea of Law: Property
Kathryn Purkis advised in the Jersey case of Mackie v Scott [2018] JRC 102A in which it was confirmed for the first time under Jersey law that (alleged) misrepresentations in precontractual enquiries are not forgiven by the so-called "tout tel" clause in a Jersey conveyance.
Read MoreArea of Law: Commercial Litigation
In Accident Exchange v McLean & Ors, Hugh Norbury QC, Dan McCourt Fritz, and Charlotte Beynon continue to act for Keoghs, one of three firms of solicitors joined to Accident Exchange's £130m conspiracy claim relating to Autofocus' "perjury on an industrial scale". Following successful applications by Keoghs and the other firms for security for costs, the claim settled shortly before trial.
Read MoreArea of Law: Property
In Lamble v Buttaci [2018] UKUT 175 (LC) Andrew Francis successfully relied upon s. 84(1) LPA 1925 to modify restrictive covenants over land in Surrey Green Belt to allow a new house and garage. Where a covenant is qualified by consent requirement there is no need to seek declaration of the Court on whether consent refused unreasonably. The decision contains warnings about the effect of the conduct of the objectors' solicitor on costs recovery by his client.
Read MoreArea of Law: Commercial Litigation
In Chaggar v. Chaggar [2018] EWHC 1203 (QB), Richard Wilson QC and James Weale successfully respresented the Claimant following a week-long trial which raised issues of economic duress and the legality of an agreement by a company to purchase its own shares.
Read MoreArea of Law: Property
Rupert Reed QC acted in Aurora Developments Ltd v Delta Holdings Ltd [2018] EWHC 1047 (Ch); [2018] EWHC 1836 (Ch) in obtaining summary judgment, after a three-day hearing, on complex fraud and commercial claims brought by two syndicates of European investors against the promoters of the North Kensington Gate development valued at £70m. The project can now proceed with the creation of over 200 new homes in the regeneration of Old Oak.
Read MoreArea of Law: Intellectual Property
Thomas Elias acted for the successful intervener in this appeal before the General Court relating to the logo of the New Orleans Pelicans basketball team.
Read MoreArea of Law: Private Client Trusts and Probate
Kathryn Purkis and James Brightwell obtained judgment in and undertook the costs arguments in respect of the Privy Council decision of Investec Trust (Guernsey) Ltd v Glanalla Properties Ltd [2018] UKPC 7. This case confirmed (amongst other things) that the private international law status of trustees (at least of Channel Island trusts), and that notwithstanding the Jersey legislation, a creditor must nonetheless access trust funds by being subrogated to the trustee's indemnity from the fund.
Read MoreArea of Law: Company
Lance Ashworth QC and Matthew Morrison secured judgment secured judgment for the First Defendant , Mr Rosser in Instant Access Properties v Rosser successfully defeating a fraudulent trading and breach of fiduciary duty claim of £35 million.
Read MoreArea of Law: Civil Fraud
Philip Jones QC acted for the Kazakh bank BTA in its claim to recover in excess of $4bn from which it has been defrauded by Mukhtar Ablyazov. He was involved in a trial that sought to recover assets from Mukhtar Ablyazov's son.
Read MoreArea of Law: Matrimonial Finance: Trusts and Company law
In Versteegh v Versteegh (reported as W v W [2017] EWHC 123 (Fam)), Daniel Lightman QC, representing the husband in high-value matrimonial proceedings, persuaded Sir Peter Singer that he should transfer shares in family companies, rather than pay a lump sum, to the wife, and that the shares she should be given should be ordinary, not preference, shares.
Read MoreArea of Law: Partnership and LLP
John Machell QC appeared in the Court of Appeal in the long running Campbell v Campbell [2018] EWCA Civ 80 partnership litigation on a point as to whether a litgant in person could recover the costs of an overseas lawyer.
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