"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: Commercial Litigation
Jonathan Harris QC (Hon.) and Zahler Bryan successfully argued that an investor in Bitcoin futures was a consumer for the purposes of the European rules of jurisdiction in Ang v Reliantco [2019] 3 W.L.R. 161.
Read MoreArea of Law: Commercial Litigation
Jonathan Harris QC (Hon.) and Adrian de Froment appeared in the trial of the governing law of an agency contract to distribute poultry equipment in North America.
Read MoreArea of Law: Commercial Litigation
Lance Ashworth QC and Dan McCourt Fritz successfully represented the Claimant in O'Brien v Moneycorp in Commercial Court proceedings concerning the sale and purchase of the entire share capital of a foreign exchange trading business.
Read MoreHugh Norbury QC and Dan McCourt Fritz acted for a corporate defendant in ArcelorMittal USA LLC v Essar Steel Ltd, part of the ongoing multi-jurisdictional dispute between the rival steel businesses.
Read MoreArea of Law: Banking and Financial Services
Jonathan Adkin QC successfully acted for one of the Defendants in Yukos Finance B.V & ors v Stephen Lynch & Ors in a five-week Commercial Court trial arising out of the Yukos Oil saga, in which allegations of corrupt participation in a rigged Russian auction were dismissed.
Read MoreArea of Law: Commercial Litigation
Jonathan Adkin QC and Adil Mohamedbhai acted for the successful defendants in Magdeev v Tsvetkov & Ors, a high-profile piece of civil fraud and commercial litigation involving various Russian individuals who had invested in a jewellery business in the UAE and Cyprus. The trial lasted three weeks. Cockerill J’s judgment ([2020] EWHC 887 (Comm)) contains a detailed analysis of the law on foreign illegality.
Read MoreArea of Law: Company
Daniel Lightman QC and Zahler Bryan acted for the successful claimants in Mahdavi v Sterling Avram, a case arising from a multi-million-pound property fraud by a consultant engaged by a solicitors' firm. The proceedings raised novel questions about (i) the legal protection available against property fraud where the fraudster operates within a solicitors' firm and (ii) the availability of relief under s 61 of the Trustee Act 1925 to solicitors who have paid away client monies in breach of trust.
Read MoreArea of Law: Commercial Litigation
Justin Higgo QC and Stephanie Thompson acted for a private equity fund in proceedings for breach of fiduciary duty against its former solicitor in Spokane v CMS, billed as one of the top 10 commercial court trials for 2019.
Read MoreArea of Law: Commercial Litigation
Public Institution for Social Security of Kuwait v Man Group PLC plus 37 other defendants, involving Jonathan Adkin QC and Charlotte Beynon for the fourth defendant and Philip Marshall QC and Simon Hattan for the fifth defendant, is one of the largest fraud disputes ever heard in the commercial court. in its High Court claim, the Public Institution for Social Security alleges it is owed $847.7 million as a result of a large-scale fraud by its former director-general, Fahad Maziad Rajaan Al-Rajaan. With allegations of bribery and corruption spanning three decades. This case featured in The Lawyer's Top 20 Cases of 2020.
Read MoreArea of Law: Commercial Litigation
James Brightwell appeared for India and Jonathan McDonagh appeared for Prince Muffakham Jah in High Commissioner for Pakistan in the UK v National Westminister Bank Plc [2019] EWHC 2551 (Ch), where the Court ruled at trial that funds transferred in 1948 from a bank account held by the Government of Hyderabad had remained thereafter held on trust for the 7th Nizam of Hyderabad. Giles Richardson has also acted for the administrator of the Nizam's English estate.
Read MoreArea of Law: Commercial Litigation
John Machell QC, James Weale, and Stephanie Thompson acted for the successful Defendants following a 5-week trial before Teare J in Chernukhin v Deripaska [2019] EWHC 173 (Comm). The case involved a substantial property development in central Moscow and an alleged armed takeover by Oleg Deripaska.
Read MoreArea of Law: Commercial Litigation
James Weale acts for the claimant in an application for a charging order against a valuable property in London held through a trust structure to enforce a $20m judgment debt. Following a heavily contested application disclosure, James succeeded in obtaining an order for specific disclosure in respect of over 50 separate categories of documents.
Read MoreArea of Law: Commercial Litigation
Lance Ashworth QC and Dan McCourt Fritz acted for the successful Respondents in the Court of Appeal in Taylor v Van Dutch Marine Holding [2020] EWCA Civ 353, in a claim concerning agents for undisclosed principals. They are now instructed for the defendants in Taylor v Khodabaksh in which it is claimed that the original decision in Taylor v Van Dutch Marine Holding was obtained by fraud. That will come on for trial in 2022.
Read MoreArea of Law: Intellectual Property
Stephanie Wickenden represented easyGroup successful High Court appeal from the Trade Marks Registry that gives new guidance on how Nice Classification numbers may be used to interpret a trade mark specification.
Read MoreArea of Law: Commercial Litigation
In Filatona Trading Ltd v Navigator Equities Ltd [2020] 1 Lloyd’s Rep. 418, James Weale acted for the successful respondent before the Court of Appeal. The Court of Appeal gave guidance on the inter-relationship between principles of agency law and contractual construction in order to determine when a disclosed principal can intervene in, and assert rights under, a contract. James acts in related proceedings in Jersey which have been listed for trial in March 2021.
Read MoreArea of Law: Private International Law
Prof Jonathan Harris QC (Hon.) & Adrian de Froment instructed by the successful Defendant in trial of a preliminary issue as to the governing law of an agency contract to distribute poultry equipment in North America.
Read MoreArea of Law: Civil Fraud
In Russell v Cartwright [2020] EWHC 41 (Ch), Dan McCourt Fritz and Stephanie Thompson represented three defendants in the trial of a claim for fraudulent non-disclosure and unlawful means conspiracy brought by their former business partner. They were wholly successful at trial, with the Court finding that the parties did not owe fiduciary duties or duties of disclosure and that the defendants had been honest in their dealings with the claimant. The defendants were entitled to their costs on the indemnity basis.
Read MoreArea of Law: Commercial Litigation
Prof. Jonathan Harris and Oliver Jones were instructed in Bowes v Panareti [2018] a jurisdiction dispute concerning alleged misselling of properties in Cyprus.
Read MoreArea of Law: Intellectual Property
Michael Edenborough KC leading outside junior counsel and Thomas Elias in two interim applications against D1-3 and D4-5. The first concerned the justiciability of suing in the UK some foreign defendants for trade mark infringements that occurred abroad. The second concerned the scope of pleading that alleged the invalidity of some trade marks. There was a third interim decision that involved the admissibility of opinion evidence given by a trade witness.
Read MoreArea of Law: Civil Fraud
Hugh Norbury QC and Adil Mohamedbhai appeared in Motortrak Ltd v FCA Australia Pty Ltd [2018] EWHC 990 (Comm) a contractual and civil fraud dispute which was tried before Moulder J in the Commercial Court over three weeks. This is an important decision on the law of affirmation of contracts procured by bribes and on the construction of exclusion clauses.
Read MoreArea 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.
Read MoreArea 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.
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