"impressive silks and juniors are praised for their strength in depth"
Serle Court “offers a variety of skill sets that others can’t provide, and houses some of the biggest names at the Bar”
Area of Law: Matrimonial Finance: Trusts and Company law
In AF v SF (Dynastic Trust: Needs-based awards) [2020] 1 F.L.R. 121, Dakis Hagen QC and James Weale represented the successful respondent husband before Moor J in complex matrimonial proceedings concerning a wealthy aristocratic family. The case raised a novel question concerning the application to family trusts of the principle established in Blight v Brewster [2012] 1 WLR 2841 (in which James had also acted).
Read MoreArea of Law: Partnership and LLP
Lance Ashworth QC and Dan McCourt Fritz acted for the successful Appellants in Loveridge v. Loveridge [2020] EWCA Civ 1104 overturning injunctions in an unfair prejudice petition and in partnership proceedings which had granted the running of the companies and partnerships to a minority shareholder and partner. The Court of Appeal effectively put the majority back in charge. Both the petition and the partnership proceedings continue and will come on for trial in 2022.
Read MoreArea of Law: Private Client Trusts and Probate
In a decision of general importance for all civil litigators, the Court of Appeal confirmed the extent of the personal liability of a litigation friend for adverse costs. The litigation friend was unsuccessful in the litigation, but was not liable for the successful parties’ costs. The Court was exercising a discretion and had to have regard to the particular circumstances. A claimant’s litigation friend should ordinarily bear the costs of successful defendants. However, lack of success would not of itself generally make it just to make an adverse costs order against a defendant's litigation friend. Factors which might justify such an order included bad faith, improper or unreasonable behaviour and prospect of personal benefit. The Court of Appeal allowed an appeal from Morgan J’s decision.
Read MoreArea of Law: Private Client Trusts and Probate
James Weale acted for the successful applicant in a committal application against the managing partner of an international law firm in Schwartz v VGV (UK) Ltd, Vivanco and Ors [2020] EWHC 2227 (Ch). Following a 5-day trial, Roth J found that Clemente Vivanco had been complicit in forging trust documents and, in breach of a court order, had failed to produce an original electronic version of one such document. At a subsequent sentencing hearing, the Court imposed an immediate custodial sentence of 4 months [2020] EWHC 3500 (Ch).
Read MoreMatthew Morrison successfully resisted an application to set aside an order permitting service out of the jurisdiction on Dubai Islamic Bank (DIB) in proceedings before the Commercial Court which seek mandatory injunctive relief aimed at securing an end to Mr Ridley’s ongoing imprisonment in Dubai ([2020] EWHC 1213 (Comm)). Mr Ridley was imprisoned under Dubai’s Law 37 of 2009 which allows certain types of judgment creditors to apply for the imprisonment of debtors for up to twenty years. Mr Ridley claims that DIB’s ability to seek an order under Law 37 was compromised by a settlement agreement governed by English law with an exclusive jurisdiction clause in favour of England. Matthew also successfully opposed DIB’s attempts to obtain an order allowing the costs awarded to Mr Ridley to be set off against monies said to be due to DIB under an earlier Commercial Court judgment: [2020] EWHC 2088 (Comm).
Read MoreArea of Law: Company
James Weale acted for the successful claimant in a dispute over the ownership of company which held a valuable Chelsea property in Moutreuil v Andreewitch [2020] EWHC 2068 (Fam). Following a 4-day trial, Cobb J held that the transfer of shares by Mr Andreewitch to his partner in order to insulate the property against creditors took effect as an outright gift. In related committal proceedings, which also formed the subject of hearing in the Court of Appeal [2020] 4 W.L.R. 54, James succeeded in an application to commit Mr Andreewitch for contempt of court [2020] 2 F.L.R. 812 for which he received a suspended sentence of 6 months [2020] EWHC 2068 (Fam).
Read MoreArea of Law: Charities
In Children’s Investment Fund Foundation (UK) v Attorney General [2020] UKSC 33, the Claimant charitable company had agreed to make a grant of US$360m to another English charity conditionally on the approval of the court. The payment of the grant required the approval of the members under section 217 Companies Act 2006. The Supreme Court held that the members owed fiduciary duties and that the court had an exceptional jurisdiction to order them how to vote, even if they had not and were not threatening to vote in breach of duty. The majority of the Supreme Court also held that by reason of the High Court having, on the directors’ surrender of discretion, held that it was in the best interests of the charity for the grant to be paid; the members, who were parties to that decision were bound by it and, absent a substantial change in circumstances were bound to vote in favour of it, even if, but for the judicial decision, they could reasonably have voted against it. Will Henderson acted for the charitable company.
Read MoreArea of Law: Private Client Trusts and Probate
In Cowan v Foreman, Richard Wilson QC and Gregor Hogan acted for the trustee-executors in this high-profile Inheritance (Provision for Family and Dependants) Act 1975 litigation, which was brought to a successful settlement in Spring 2020.
Read MoreArea of Law: Private Client Trusts and Probate
The Singapore Court of Appeal has dismissed Credit Suisse Trust’s jurisdiction challenge in breach of trust proceedings brought by the beneficiaries of a Singapore Trust, bringing an end to a long-running jurisdiction battle. The Court allowed the Claimants’ appeal on the grounds that Singapore was the most appropriate forum to determine the breach of trust claims against the trustee, and laid down important guidance as to the effect of forum for administration clauses in trust deeds. The Court of Appeal held that the forum for administration clause in the trust deed functioned as a jurisdiction clause, but that it did not govern all proceedings: it designated the jurisdiction that had supervisory jurisdiction over the trust, rather than dictating the venue for the resolution of contentious disputes. Jonathan Adkin QC and Sophie Holcombe act for the Claimants, instructed by Signature Litigation LLP, together with Drew & Napier (Singapore). The full Judgment can be found here.
Read MoreArea of Law: Private Client Trusts and Probate
Jonathan Fowles acted for the successful claimant in a claim to enforce a testamentary option. The case involved arguments about the construction of a will and whether in the circumstances all executors needed to be individually served with the relevant option notice. The case is also notable for its approach to an award of statutory interest.
Read MoreArea of Law: Charities
Jonathan Fowles acted with Cain Ormondroyd (Francis Taylor Building) for Merton Council in defending a claim to establish charitable exemption from non-domestic rates for one of Nuffield Health’s fitness and wellbeing centres. The claim succeeded, but the Court of Appeal has given Merton permission to appeal. The case raises important issues about the charitable exemption and the public benefit test in charity law.
Read MoreArea of Law: Insolvency
In Nimat Halal Food Ltd v Patel [2020] EWHC 734 (Ch), Zoe O’Sullivan QC appeared for the creditor in an insolvency case in which Chief ICC Judge Briggs gave guidance on the personal liability of an administrator to pay costs following a creditor’s successful appeal against the
Read MoreArea of Law: Banking and Financial Services
Zoe O’Sullivan KC acted for the successful defendant in a US$170m guarantee claim brought by the Shanghai Shipyard, in which Robin Knowles J held that the guarantee given by it to the Shipyard in respect of the final installment of a shipbuilding contract was not a performance bond but gave rise only to secondary liability: Shanghai Shipyard v Reignwood International Investment (Group) Company Ltd [2020] EWHC 803 (Comm). She is also acted for the shipowner in its 2021 LMAA arbitration claim under the shipbuilding contract.
Read MoreArea of Law: Commercial Litigation
Lance Ashworth QC and Dan McCourt Fritz represented the Respondents in an appeal from the decision of Julia Dias QC as a High Court Judge [2019] EWHC 1951 (Ch). The Court of Appeal held that the Judge had been right to say that agency did not extend to allow the party to enter into the contract as agent for an undisclosed principal. Further, it upheld the Judge’s findings that the relevant agent was not, in any event, intended to be a party to the contract. Appeal was dismissed.
Read MoreArea of Law: Arbitration
In L v B [2020] DIFC ARB 014 (17 June 2020), Rupert Reed QC and Gregor Hogan obtained an order for the recognition of a London arbitration award, a worldwide freezing order and the first notification order made by the DIFC Court against a UAE resident entrepreneur.
Read MoreArea of Law: Civil Fraud
In Christoforou v Christoforou [2020] EWHC 1196 (Ch) the High Court struck out allegations of dishonesty, fraud, and illegality from an Amended Defence and excluded those allegations from consideration (and cross-examination) at trial. Giving judgment HH Judge Stephen Eyre QC (sitting as a High Court Judge) found that the allegations amounted to similar fact of evidence but that they were of “peripheral” value to the Claimant’s claim that a London property is held on trust for him pursuant to a common intention constructive trust. Allowing the allegations to remain, he held, would have greatly increased the cost, and risked an adjournment, of the trial. Daniel Lightman QC and Stephanie Thompson represent the Claimant. The trial is due to take place in July 2020.
Read MoreArea of Law: Civil Fraud
In Ward v Savill [2020] EWHC 1534 (Ch), James Mather acted for the successful defendant in the determination of a preliminary issue on whether declarations obtained in earlier proceedings to which the defendant was not a party that property was held on constructive trust for the claimants could be relied on in future proceedings for purposes of asserting a tracing or following claim against her. The case is due to be heard by the Court of Appeal in March 2021.
Read MoreArea of Law: Partnership and LLP
Please click here to view the judgment.
Read MoreArea of Law: International and Offshore
In Sofer v SwissIndependent Trustees SA [2020] EWCA Civ 699, Richard Wilson QC and James Weale acted for the respondent in an appeal against an order striking out the claimant’s pleading on the basis that it did not properly particularise a claim in fraud. The Court of Appeal gave important guidance on the pleading requirements of fraud in the context of a dispute against a professional trustee.
Read MoreArea of Law: Company
In Re Dinglis Properties Ltd, Daniel Lightman QC and Gregor Hogan represented the respondents to a section 994 petition. In a landmark judgment in June 2020 ([2020] 2 BCLC 607), Adam Johnson QC (sitting as a deputy High Court Judge) considered the impact of the Covid-19 crisis on the share purchase order which he had previously made.
Read MoreArea of Law: Regulatory and Disciplinary
David Blayney QC and Sophie Holcombe are instructed by PGMBM in relation to the easyJet data breach involving around 9 million of their customers, which was announced by easyJet last month.
Read MoreArea of Law: Insolvency
James Mather acted for the Joint Administrators of an insolvent FCA-regulated international payment services provider in Re Supercapital Ltd [2020] EWHC 1865 (Ch). This involved the first application to seek a court’s approval for a distribution plan under the Payment Services Regulations 2017, on the basis of statutory trust principles applied in the context of other financial services regulations.
Read MoreArea of Law: International and Offshore
Grand Valley General Trading LLC v GGICO Sunteck Ltd DIFC CFI 044/2018, DIFC CA 007/2019 concerns a joint venture dispute in relation to a property development in the Burj Khalifa area in on-shore Dubai. Rupert Reed KC obtained judgments from the DIFC courts on issues as diverse as whether a non-party 50% joint venture partner had standing to apply to set aside a default judgment for the dissolution of the joint venture company; the test of desirability under RDC 20.7 O for joining a new party; and whether the DIFC Courts had jurisdiction over the dispute, including the power to stay proceedings in favour of arbitration under Article 13 of the Arbitration Law.
Read MoreArea of Law: International and Offshore
In IMMS v BankMed SAL [2019] DIFC CA 013, Rupert Reed QC and Gregor hogan acted on the appeal of an interim refusal to grant an injunction freezing assets to the value of USD 755 million. Although the Court declined to find a sufficient risk of dissipation, it is likely to confirm the putative jurisdiction of the DIFC Courts to grant interim relief in support of foreign court and arbitral proceedings.
Read MoreArea of Law: International and Offshore
Rupert Reed QC (now KC) and Zoe O'Sullivan QC (now KC) represented the successful claimant in YYY Ltd v ZZZ Ltd [2017] DIFC ARB 005, a landmark decision of the DIFC Court refusing to recognise a decision of the highest Dubai national court on public policy grounds. The DIFC Court held that the Dubai Court of Cassation had breached its obligations under the New York Convention by applying its own law to determine the validity of the clause, rather than the law chosen by the parties. This reaffirms the pro-arbitration bias of the common law courts, and will have importance for arbitration practitioners beyond the DIFC.
Read MoreArea of Law: International and Offshore
In Larmag v First Abu Dhabi Bank [2019] DIFC CA 010, the DIFC Court of Appeal significantly extended the party jurisdiction of the DIFC Courts under Article 5(A)(1)(a) of the Judical Authority Law, ordering disclosure by a UAE bank on the basis that, in being 'recognised' by the Dubai Financial Services Authority in order to trade on NASDAQ Dubai, the Bank was 'authorised' to carry on financial services in the DIFC and therefore a 'Licensed DIFC Establishment'. Rupert Reed QC and Sophia Hurst act for First Abu Dhabi Bank.
Read MoreArea of Law: Property
Christopher Stoner QC appeared in Horsford v Horsford, a 10-day Chancery Division trial, acting for a son who had been sued by his mother for £2.5m for her share in the family farming partnership. The son counterclaimed on the grounds of proprietary estoppel alleging he had given his life over to the farm following a lifetime of assurances it would one day be his.
Read MoreArea of Law: Civil Fraud
Lance Ashworth QC and Dan McCourt Fritz represented the Defendants in a 6-day Chancery Division trial, defeating claims for conspiracy to defraud in connection with the Van Dutch luxury yachts in Taylor v Van Dutch.
Read MoreArea of Law: Company
Hugh Norbury QC and Mark Wraith appeared for the claimant in Saatchi v Gajjar [2019] EWHC 3472 (Ch), and obtained permission to continue a derivative claim arising out of alleged misappropriation by the defendant from a company involved in the storage and transportation of Mr Saatchi's art collection.
Read MoreArea of Law: Company
Lance Ashworth QC and Zahler Bryan have been acting for the claimant in the case of de Silva v Lucas & Ribeiro, a claim in respect of the ownership of an Estonian holding company, which (through Estonian and Portuguese subsidiaries) owns a very substantial property development in Lisbon, Portugal.
Read MoreArea of Law: Partnership and LLP
James Mather acted for the respondent fund management company in Lady Moon v Petricca, in which an SPV of the American private equity firm Cerberus sought to wind up a substantial Italian investment fund. This was the first claim of its kind in which an allegedly insolvent foreign fund was sought to be wound up in the English Court on the basis that it is analogous to an English trust. Petricca successfully disputed the English Court's jurisdiction to hear the claim.
Read MoreArea of Law: Partnership and LLP
In Re Infund LLP, John Machell QC and Dan McCourt Fritz act for the appellants in respect of a claim brought by Grupo Mexico seeking to avoid the restoration of an LLP to the Register of Companies. The case will be heard by the Supreme Court in October 2021 and concerns the proper construction and effect of section 1096 of the Companies Act 2006.
Read MoreArea of Law: Company
In Brown v MML Capital Timothy Collingwood QC acted for the petitioners in an unfair prejudice petition in which he succeeded in obtaining an injunction to restrain the continuation of disciplinary proceedings concerning disputed allegations of misconduct pending resolution of the Petition ([2020] EWHC 23 (Ch)).
Read MoreArea of Law: Company
Jonathan Adkin QC acted for a number of dissenting shareholders in two high-value company share appraisal actions arising under s.238 of the Cayman Islands Companies Law. In Re Qunar Cayman Islands Ltd he appeared in a three-week trial in the Grand Court of the Cayman Island for the determination of the fair value of a Chinese web-based travel company's shares. In Re: Nord Anglia Education Inc he acted in a three-week trial in the Grand Court for the determination of the fair value of shares in the world's leading private school business.
Read MoreArea of Law: International and Offshore
In AF v SF [2019] EWHC 1224 (Fam) Dakis Hagen QC and James Weale acted for a respondent husband who lacked capacity in relation to a substantial financial remedy claim against a suite of ancient and dynastic trusts.
Read MoreArea of Law: International and Offshore
Dakis Hagen QC and Emma Hargreaves continue to act for the adult children of a late Russian businessman in Re Scherbakov, deceased, a cross border dispute concerning the succession to his very substantial worldwide estate and related proceedings concerning the beneficial ownership of very valuable shares in a BVI company. Dakis and Emma recently succeeded in obtaining an order for joint case management of the two English claims, notwithstanding opposition from the claimants. Giles Richardson acts for the deceased’s former wife and Richard Wilson QC and Oliver Jones act for the interim administrators.
Read MoreArea of Law: International and Offshore
Dakis Hagen QC and Emma Hargreaves advised the trustee in HSBC International Trustee Limited v Tan Poh Lee FSD 175 of 2019 (IKJ), a decision of the Cayman Court on the limits of the Cayman Islands' firewall legislation.
Read MoreArea of Law: Private Client Trusts and Probate
Richard Wilson QC and James Weale (acting for the Claimant and Defendant respectively) successfully set aside two multi-million-dollar trust on the ground of equitable mistake in Hartogs v Rothschild Trust AG [2019] EWHC 1915.
Read MoreArea of Law: International and Offshore
Timothy Collingwood continues to act for the Claimants in Re L&M Trust, in proceedings in the BVI seeking to set aside a trust. He appeared at the hearing of an application to obtain unredacted copies of documents held by a receiver appointed over the trust assets.
Read MoreArea of Law: International and Offshore
In the T Trusts, Kathryn Purkis continues to advise new trustees in relation to trusteeship transfer issues arising in a network of family trusts, including in relation to an allegedly forged deed of indemnity.
Read MoreArea of Law: Private Client Trusts and Probate
James Brightwell acted for the Plaintiffs and Timothy Collingwood acted for the new trustees in the latest Tchenguiz instalment, ITG Ltd and Bayeux Ltd v Geneva Trust SA [2019] GRC 064, where the Guernsey Royal Court followed the decision in Re Z Trusts on the priority of trustee creditor claims and held that the assignment of a claim to the present trustees had resulted in the discharge of the debt.
Read MoreArea of Law: Court of Protection
Emma Hargreaves appeared in In the Matter of Z [2019] EWCOP 55, a Court of Protection decision concerning the application of the principles of open justice and the approach to requests for disclosure to a non-party of documents from proceedings conducted in private.
Read MoreArea of Law: Private Client Trusts and Probate
Constance McDonnell QC appeared before Morgan J in Barker v Confiance [2019] EWHC 1401 (Ch) in which the Judge exercised his discretion so as to make a costs order against a litigation friend, and clarified the applicable law.
Read MoreArea of Law: International and Offshore
Dominic Dowley QC, Richard Wilson QC and Zahler Bryan acted for the trustee in PTNZ v AS, a Public Trustee v Cooper application concerning the restructuring of a substantial group of English trusts, in a case involving proceedings before the English and Jersey courts.
Read MoreArea of Law: International and Offshore
John Machell QC and Dakis Hagen QC appeared before the Chief Justice of the Cayman Islands in Re B, a Public Trustee v Cooper application approving the restructuring of a $1bn trust. Emma Hargreaves was junior counsel to the Protection Committee.
Read MoreArea of Law: Tax
In The Union Castle Steamship Company Ltd v HMRC [2020] EWCA Civ 547 a case concerning the use of derivative contract rules to engineer tax deductible losses exceeding £100m, the Court of Appeal clarified the meaning of ‘loss’ and ‘arising from’ and the nature of the ‘fairly represents’ test in that context. The earlier decision of the Upper Tribunal also extended the application of transfer pricing rules to certain shareholder transactions (bonus share issues). Ruth Jordan acted for HMRC.
Read MoreArea of Law: Intellectual Property
Stephanie Thompson successfully defended Mr Lu both at the interim injunction stage and at trial from claims that he had breached restrictive covenants and should be injuncted from working for his new employer. Arnold J found that the covenants were both void for uncertainty and unenforceable for being in breach of public policy and awarded indemnity costs to Mr Lu. The case also raised important questions of severability and was discussed in the Supreme Court decision of Egon Zehnder v Tillman.
Read MoreArea of Law: Intellectual Property
In IPCom GmbH & Co KG v Vodafone Group PLC [2019] EWHC 1212 (Pat) and [2019] EWHC 1255 (Pat) Prof. Jonathan Harris KC (Hon.) acted for Vodafone in a challenge to the court's jurisdiction to hear claims for infringement of standard essential patents and FRAND, where parallel proceedings had been ongoing in the German courts.
Read More
