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Area 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.
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.
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