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Area of Law: Insolvency
By a judgment handed down on 19 February 2025, the UK Supreme Court dismissed the appeal in the Invest Bank v El-Husseini litigation concerning the scope of section 423 of the Insolvency Act 1986.
Read MoreArea of Law: Intellectual Property
Judgment has been handed down in D.W. Windsor Limited v Urbis Schreder Ltd [2025] EWHC 563 (IPEC), a patents dispute, following a 2-day trial in the IPEC on 17 and 18 December 2024.
Read MoreArea of Law: Company
In Changyou.com Ltd v Fourworld Global Opportunities Fund Ltd & Ors, the Judicial Committee of the Privy Council had to consider whether minority shareholders in a “short-form” merger under Part XVI of the Cayman Islands Companies Act (i.e. a merger of a parent company with its subsidiary where the parent company holds at least 90% of the voting power) had a right to be paid a judicially determined fair value for their shares instead of the merger consideration offered under the terms of the merger (known as “appraisal rights”).
Read MoreArea of Law: Property
Jonathan Upton has successfully obtained an access order under the Access to Neighbouring Land Act 1992. The developer requires access over the adjacent land to demolish and rebuild part of an external elevation for the purposes of redeveloping of a derelict textile mill into a block of luxury flats.
Read MoreArea of Law: UAE & DIFC Litigation
Rupert Reed KC and Gregor Hogan acted for the successful respondent in the landmark DIFC Court of Appeal judgment in Nael v Niamh [2024] CIFC CA 015 (9 January 2025).
Read MoreArea of Law: Company
Judgment has been handed down in Re London Resort Co Holdings Ltd [2024] EWHC 3287 (Ch), an interesting High Court case concerning irremediable breaches of the terms of a company voluntary arrangement (CVA) by an insolvent company and the refusal by the CVA supervisor to terminate the CVA in response to such breaches. ICC Judge Barber’s judgment provides helpful guidance about CVAs and the duties of CVA supervisors. The case is a rare example of a successful challenge to a decision/omission of a CVA supervisor under section 7(3) of the Insolvency Act 1986.
Read MoreArea of Law: Private Client Trusts and Probate
The Supreme Court handed down judgment this morning in Hirachand v Hirachand, holding that CFA success fees could not form part of any relief granted under the Inheritance (Provision for Family and Dependants) Act 1975. Constance McDonnell KC, together with Christopher Wagstaffe KC and Sophia Rogers, acted for the Respondent, instructed by Scott Taylor at Moore Barlow.
Read MoreArea of Law: Intellectual Property
Judgment has been handed down in Bionome v Clearwater [2024] EWHC 3155 (Ch), an interesting High Court appeal concerning intellectual property and trusts. The judgment of Tom Mitcheson KC addresses issues including the patent entitlement, the proper construction of an alleged assignment and whether a trust had been validly declared by conduct. The case is also a rare example of a successful application to adduce fresh evidence on appeal under CPR r. 52.21(2), applying the Ladd v Marshall criteria.
Read MoreArea of Law: UAE & DIFC Litigation
Landmark Judgment from the DIFC Court of Appeal
Read MoreArea of Law: Charities
Jonathan Fowles acted for the Attorney General in The Keepers and Governors of the Possessions, Revenues and Goods of the Free Grammar School of John Lyon, within the Town of Harrow-on-the-Hill v Attorney General [2024] EWHC 2857 (Ch). The case concerned Harrow School’s claim for a cy-près scheme to expand and update its objects originally set out in a Royal Charter of 1572. In his judgment, the Hon. Mr Justice Rajah rejected the claim. The judgment is important for its discussion of the cy-près jurisdiction and as the first authority on certain provisions of the Public Schools Act 1868 which was passed to reform the affairs of 7 leading public schools, including Harrow, following the report of the Clarendon Commission.
Read MoreArea of Law: Insolvency
Section 221(1) of the Insolvency Act 1986 provides that “any unregistered company may be wound up under this Act”. By section 220, ““unregistered company” includes any association and any company, with the exception of a company registered under the Companies Act 2006 in any part of the United Kingdom.” Does the use of the word “includes” mean that entities other than associations and companies can be wound up under section 221(1)?
Read MoreArea of Law: Charities
Jonathan Fowles acted for the successful Respondents in Daji v Mohammed [2024] EWCA 1247, led by Mark Sefton KC of Falcon Chambers.
Read MoreArea of Law: Commercial Litigation
Thomas Elias (instructed by Andrew Head, Bryan Shacklady and David Young of Forsters LLP and led by John Wardell KC of Wilberforce Chambers) acted on behalf of the successful Defendants in this 3 week, multi-million pound Commercial Court fraud claim brought by the insolvency administrator of Wirecard.
Read MoreArea of Law: Private International Law
Thomas Fletcher acted on behalf of the successful Defendants in these appeals concerning, among other things, principles of private international law in the context of administration of estates and succession (instructed by James Hennah and Tom Cassels of Linklaters and led by Brian Kennelly KC black and Paul Luckhurst of Blackstone Chambers).
Read MoreArea of Law: Private International Law
On 18 September 2024, the Supreme Court handed down judgment in UniCredit Bank GmbH v. RusChemAlliance LLC [2024] UKSC 30. The judgment of Lord Leggatt (with whom Lord Reed, Lord Sales, Lord Burrows and Lady Rose agreed) sets out the reasons for the Supreme Court’s dismissal of the appeal previously announced after the expedited hearing in mid-April. The case concerns proceedings brought in the Russian courts in breach of a clause contained in bonds providing for arbitration in Paris. Unicredit sought a final injunction in the English court to restrain the continuance of those proceedings. The Supreme Court determined two principal issues:
Read MoreArea of Law: Commercial Litigation
The High Court has delivered a landmark judgment in favour of the Republic of Mozambique, awarding damages and an indemnity for future losses totalling over $2 billion against the Privinvest Group in relation to events which have become known as the “tuna bonds” or “hidden debts” scandal. The proceedings concerned 3 sovereign guarantees purportedly granted by Mozambique to secure funding for maritime protection and tuna fishing supply contracts. The Republic of Mozambique contended that these guarantees had been procured by the bribery, amongst others, of the Minister of Finance, Mr Chang. Following a 13 week trial in the Commercial Court, the Hon. Mr Justice Knowles CBE held that payments made by or on behalf of the Privinvest Group and Mr Safa to or for the benefit of Mr Chang were bribes.
Read MoreArea of Law: UAE & DIFC Litigation
Permission to appeal was granted in China State Construction Engineering Corporation (Middle East) (L.L.C.) v Zaya Living Real Estate Development L.L.C and others [2023] DIFC ENF 316 (10 July 2024) this month, leaving the Court of Appeal of the Dubai International Financial Centre (“DIFC”) to decide who can be forced to answer questions about a company’s means of satisfying an unpaid judgment debt. The appeal relates to the scope of RDC 50.2(2), which states that the court may require an “officer” of a corporate body to attend court to answer questions about its means or other matters about which information is needed to enforce a judgment or order against a corporate judgment debtor. The appeal is therefore expected to have implications for the interpretation of the identical English provision of CPR 71.2(b). The DIFC Court of Appeal will review the decision of the DIFC Court of First Instance that a partner in a UAE-incorporated LLC holding 99% of its share capital – who has also held herself out as its ‘CEO’ – was not an “officer” under RDC 50.2(2). The appeal will therefore determine the meaning of “officer” in that RDC 50.2(2), joining a line of authorities on its English equivalents including Société Générale du Commerce et De L’Industrie en France v Johann Maria Farina & Co[1904] 1 KB 794 and Vitol SA v Capri Marine Ltd [2009] Bus. L.R. 271 (QBD). Creditors seeking to enforce judgments against companies will no doubt be hoping that the result of this appeal, expected to be heard later this year, improves their overall chances. Rupert Reed KC and Max Marenbon represented China State in its application for permission to appeal in the DIFC Court of Appeal, instructed by Daniel Xu, Gillian Flannighan and Hala Haddad of Eversheds Sutherland (International) LLP.
Read MoreArea of Law: Commercial Litigation
The High Court gave guidance on the procedure for setting aside default judgment last week in Gilbert & BG Projects v Broadoak Private Finance [2024] EWHC 2046 (Comm). Andrew Hochhauser KC, sitting as a Deputy High Court Judge, confirmed that a draft Defence should be filed well in advance of the hearing. He did so in a costs judgment following his recent decision in Gilbert & BG Projects v Broadoak Private Finance (unreported, 28 June 2024) to affirm a substantial default judgment in part, rejecting an application by the Defendant to set it aside completely (the “Set-Aside Application”). The substantive proceedings concerned claims for repayment of various loans made by the Claimants to the Defendant for onward lending to a third party. The Claimants accepted that the defence to repayment of certain loans should be allowed to go to trial. However, they maintained that the Default Judgment should be preserved in relation to four loans, with a cumulative value of approximately 58% by value of the Default Judgment (the “Opposed Loans”).
Read MoreIn a judgment handed down this morning, Mrs Justice Cockerill has given important guidance on the effect and scope of a submission to the jurisdiction by a defendant in proceedings.
Read MoreArea of Law: Group Litigation
The Court of Appeal has given guidance on the circumstances in which a group of claimants can together issue one claim form.
Read MoreArea of Law: Company
Jonathan Adkin KC and Adil Mohamedbhai continue to act for the dissenters in Re Jardine Strategic Holdings Limited, a multi-billion-dollar shareholder appraisal action in Bermuda concerning the Jardine group of companies, a Fortune Global 500 group of companies and one of the largest conglomerates in the world.
Read MoreArea of Law: Civil Fraud
Dan McCourt Fritz KC and Andrew Gurr act in successful committal application
Read MoreArea of Law: Intellectual Property
Michael Edenborough KC and Thomas St Quintin (Hogarth Chambers) (instructed by Brandsmiths) acted for the successful Respondent in the Supreme Court, which dismissed Amazon’s appeal on whether its amazon.com site had targeted customers in the UK. This now becomes the leading judgment on targeting and will provide helpful, detailed guidance on the matter.
Read MoreArea of Law: Company
Dan McCourt Fritz KC and Ramyaa Veerabathran successfully represented the respondent controlling shareholder, Ivy Loveridge, in an application made by her son, Michael Loveridge, under paragraph 74 of Schedule B1 to the Insolvency Act 1986 (the “Insolvency Application”), seeking to prevent the administrators of Breton Park Residential Homes Ltd (“Breton Park”) from rescuing it as a going concern on the basis that the proposed rescue would be unfair to his interests, purportedly as a shareholder of the company.
Read MoreArea of Law: Company
Lance Ashworth KC and Dan McCourt Fritz KC acted on behalf of the successful appellants, THG plc and others, in this unfair prejudice petition, instructed by Catherine Naylor and Tom Cox at Gowling WLG (UK) LLP.
Read MoreArea of Law: Private Client Trusts and Probate
Constance McDonnell KC and George Vare, assisted by Anneliese Mondschein, acted on behalf of the successful Claimants in this contested probate claim (instructed by Bernadette Baker, Kate Harris, and Anna Lambert of Birketts LLP).
Read MoreArea of Law: Intellectual Property
Elizabeth Jones KC acted for the successful defendants against members of the Wailers who claimed to have been parties to recording contracts with Bob Marley, and also claimed ownership of the copyrights in certain tracks written by Bob Marley.
Read MoreArea of Law: Intellectual Property
Michael Edenborough KC and Stephanie Wickenden have successfully represented Crafts Group in their appeal to the Court of Appeal in Crafts Group LLC v MS Indeutsch International [2024] EWCA Civ 87.
Read MoreArea of Law: Property
Jonathan Upton has successfully resisted an application to set aside the whole of a final order modifying covenants in a lease of a public house.
Read MoreArea of Law: Property
Amy Proferes acted for the successful respondents in Dyer v Webb [2023] EWHC 1917 (KB). Perhaps unusually for a neighbour dispute, the case (as noted by Dexter Dias KC in his judgment) "raises important questions about the nature, extent and limitations of certain of our fundamental freedoms under the law." The judgment confirms that objecting to planning applications, and discussing those applications with others, are rights protected under the Human Rights Act 1998.
Read MoreArea of Law: Chancery
Daniel Lightman KC and Reuben Comiskey (of Radcliffe Chambers), instructed by Stephen Baker of Herrington Carmichael, represented the successful appellants in Docklock Limited v C Christo & Co Limited [2024] EWCA Civ 45.
Read MoreArea of Law: Intellectual Property
Stephanie Wickenden and Niamh Herrett successfully represented Aldi in Thatchers Cider Company Limited v Aldi Stores Limited.
Read MoreArea of Law: Intellectual Property
Michael Edenborough KC and Stephanie Wickenden successfully represented easyGroup on appeal in easyGroup Ltd v Easy Live (Services) Ltd. Having established infringement under s.10(3) for some of the Defendants’ signs, the Court of Appeal confirmed that passing off should also have been found. The judgment, given by Lord Justice Arnold, gives interesting guidance on lost licensing revenue as a head of damage under passing off. The Court of Appeal also overturned a declaration of infringement granted by the trial judge in respect of the signs not found to infringe. The Court imposed its own much narrower declaration.
Read MoreArea of Law: Property
Judgment has been handed down by Mr Justice Adam Johnson after a trial over three weeks this summer in the Chancery Division of the High Court. The Foundation’s claims had been struck out in 2018, but then restored by the High Court in [2019] EWHC 274 (Ch) in a ruling upheld by the Court of Appeal in [2020] EWCA Civ 32; [2020] 1 WLR 1627; [2020] 2 All ER 965.
Read MoreArea of Law: Intellectual Property
Michael Edenborough KC acted for Oatly in a High Court appeal from the UK IPO concerning the use of the word 'milk' in the trade mark 'Post Milk Generation', which is used on the packaging of some of Oatly’s oat based products.
Read MoreArea of Law: Intellectual Property
Stephanie Wickenden acted for Lord Andrew Lloyd Webber and Sir Trevor Nunn, securing summary judgment against a claim brought against them by a former dancer claiming copyright in “Memory” from the musical “Cats”.
Read MoreArea of Law: Company
The Court of Appeal has handed down its judgment in Ntzegkoutanis v Kimionis [2023] EWCA Civ 1480.
Read MoreMichael Edenborough KC and Gareth Tilley acted for the successful Claimant in the infamous “Red London Bus” copyright case concerning the copying of a composite photograph.
Read MoreArea of Law: Intellectual Property
Michael Edenborough KC acted for Crafts on this important procedureal case about whether post IP Completion Day amendments can relate back to an action started before then. Permission to appeal to the CoA has been granted.
Read MoreArea of Law: Intellectual Property
Thomas Elias acted for Aldi in this registered design case concerning the Christmas illuminated snow-globe Gin Bottle. Michael Edenborough KC led Thomas in the appeal.
Read MoreArea of Law: Intellectual Property
Michael Edenborough KC, leading Gwilym Harbottle of Hogarth Chambers and John Eldridge of Serle Court, acted for the successful claimant in securing service of the originating documents by email. This case provided clear guidance of what previously was an unclear procedure.
Read MoreArea of Law: Charities
Jonathan Fowles, led by Mark Sefton KC of Falcon Chambers and instructed by Mishcon de Reya LLP, acted for the successful claimants in Mohammed v Daji [2023] EWHC 2761 (Ch). The successful claim was to establish that a very substantial site at Abbey Mills in East London is held by the claimants on a charitable trust associated with a particular Sunni Muslim community in the London region. The judgment of HHJ Cadwallader, sitting as a Chancery Judge, is of significance for trusts and charities lawyers. In particular, the judgment sets out and applies the law relating to trusts established by charity appeals to a complicated factual history, and further develops the principle of delegated authority to declare charitable trusts in Attorney-General v Mathieson [1907] 2 Ch 383.
Read MoreArea of Law: Intellectual Property
Stephanie Wickenden (led by outside leading counsel) represented easyGroup in the Court of Appeal (having also appeared at trial). The appeal gave significant guidance on non-use, confusion and the defence of honest concurrent use.
Read MoreArea of Law: Company
On 9 October 2023 the Court of Appeal handed down its judgment in DnaNudge Ltd v Ventura Capital GP Ltd [2023] EWCA Civ 1142.
Read MoreArea of Law: Intellectual Property
Stephanie Wickenden and Stefano Braschi acted for easyGroup against the band Easy Life that was using imagery redolent of the airline. The band undertook to change its name. The case was widely reported in the popular press.
Read MoreArea of Law: Property
The High Court (Richards J) has handed down its second judgment in Prescott Place Freeholders Limited v Batin & Donovan [2023] EWHC 1445 (Ch), in which Michael Walsh acted for the successful Claimants. This judgment deals with the consequential matters arising from the findings of fact at trial (see [2023] EHWC 435) (the “Trial Judgment”).
Read MoreArea of Law: Intellectual Property
Thomas Elias acted for the claimants in this cross-jurisdictional trade mark dispute arising in the context of a sale of shares in one of the defendant companies. At an interim hearing, the claimants resisted applications for a stay and for security for costs, and obtained an unless order against the defendants.
Read MoreArea of Law: Property
Mr Justice Richards' judgment in Prescott Place Freeholders Limited & Others v Batin & Donovan [2023] EHWC 435 is essential reading for those interested in tenants’ rights of first refusal under the Landlord and Tenant Act 1987. Michael Walsh acted for the successful Claimants.
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