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Area 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.
Read MoreArea of Law: Private Client Trusts and Probate
In Hagen v Hagen [2017], Dakis Hagen QC and Charlotte Beynon acted for the respondent husband in the substantial and much publicised divorce involving the family behind Viking River Cruises, in financial remedy proceedings in the High Court. Alan Boyle QC, Nicholas Harrison and Jonathan McDonagh acted for the daughter and Emma Hargreaves appeared unled for another respondent in these proceedings. Jonathan Adkin QC and Adil Mohamedbhai had appeared for a corporate party at an earlier stage of the litigation. The case settled confidentially mid-trial.
Read MoreArea of Law: Private Client Trusts and Probate
In A v A; A v Line Trust Corporation Corporation & Ors (2017/CACIV/01) (Gibraltrar), Dakis Hagen QC, Jonathan Harris QC (Hon.) and James Weale represented the applicant and Richard Wilson QC represented the respondent husband in one of highest value divorce cases in recent years. The dispute involved two complex overseas trust structures and generated six claims in three different jurisdictions (England, Gibraltar and the Cayman Islands). The proceedings in Gibraltar concerned the court’s jurisdiction to determine matters relating to the validity of actions taken by the trustee of a Gibraltar trust when those issues had been raised in English matrimonial proceedings and gave rise to complex issues of private international law.
Read MoreArea of Law: Private Client Trusts and Probate
Emma Hargreaves acted as Chancery counsel for the husband in financial remedy proceedings before Moor J, involving an offshore foundation and issues of "nuptial settlements", in which the wife alleged the husband was worth over £95 million but was awarded around £2 million following trial. Jonathan McDonagh acted for the Husband's father.
Read MoreArea of Law: Chancery
Professor Jonathan Harris QC (Hon.) and Sophie Holcombe acted for the defendant company trading in Carbon Credits in successfully discharging an ex parte injunction obtained in support of Polish proceedings on the basis, inter alia, that the relevant EU jurisdiction rules were arguably infringed.
Read MoreArea of Law: Intellectual Property
Michael Edenborough KC acted for Simba in this successful appeal to the General Court of the European Union, which decided that the black outline of the Rubik's Cube was permissible as a Community Trade Mark. Subsequently overturned on appeal where Simba was represented by different counsel.
Read MoreArea of Law: Intellectual Property
Thomas Elias acted for The United Kingdom Ukelele Orchestra (‘TUKUO’). The trial of the dispute between the Ukulele Orchestra of Great Britain (‘UOGB’) and TUKUO. UOGB succeeded in their passing off action, but TUKUO succeeded on their counterclaim in invalidating UOGB’s trade mark and in resisting UOGB’s claim for infringement of copyright in an alleged dramatic work consisting of the format of their concerts.
Read MoreArea of Law: Commercial Litigation
Alan Boyle QC and Giles Richardson act in proceedings in the BVI and Bermuda for trustees holding the proceeds of commission payments made by Madoff feeder funds to their investments adviser in defending claims by the liquidators of the funds.
Read MoreArea of Law: Private Client Trusts and Probate
The appeal in Barker v Baxendale Walker, a professional negligence action concerning a fiscally ineffective employee benefit trust was heard by the Court of Appeal in October. The judgment is likely to provide clarity on the meaning of section 28(4) of the Inheritance Tax Act 1984. Dakis Hagen QC was among the counsel who appeared for the appellant and was assisted by Oliver Jones and Eleni Dinenis.
Read MoreArea of Law: Matrimonial Finance: Trusts and Company law
In C v C, Daniel Lightman QC represented the son in a successful application to set aside an ex parte order obtained by the husband in matrimonial proceedings which had the effect of restraining his wife and son from performing their duties as directors of two family-owned companies. In a landmark judgment ([2016] Fam Law 20), Roberts J held that the Family Court has no jurisdiction to make such an order under either section 37 of the Matrimonial Causes Act 1973, section 37 of the Senior Courts Act 1981 or the court's inherent jurisdiction.
Read MoreArea of Law: Intellectual Property
Gareth Tilley acted in this IPEC trial over a claim that the gay bar "Queer Street" infringed the trade mark of "Bar Queer"; the trial raised an issue of whether the relevant IP rights had been effectively transferred to the claimant during an insolvency procedure.
Read MoreArea of Law: Partnership and LLP
Please click here to view the judgment.
Read MoreArea of Law: Property
Decision by Court of Appeal as to the correct approach to the consultation requirements contained within the Landlord & Tenant Act 1985 and accompanying Regulations in respect of the recovery of service charges for qualifying works. Also important issues relating to the interpretation of a management charge clause. Christopher Stoner QC acted for the Lessees (instructed by Fursdon Knapper).
Read MoreArea of Law: Matrimonial Finance: Trusts and Company law
In Re Poon [2015] JCA 109, Richard Wilson QC assisted Jersey advocates in an appeal against the Royal Court’s decision to approve the exclusion of a beneficiary following divorce proceedings in Hong Kong.
Read MoreArea of Law: Intellectual Property
Stephanie Wickenden acted for WPMC in this trial involving rights to footage of the first Beatles concert recorded in the USA. Claims were brought under UK and USA copyright, with defences of a collateral contract and proprietary estoppel. Led by outside leading counsel.
Read MoreArea of Law: Intellectual Property
Michael Edenborough KC and Thomas Elias acted for the successful Defendant in this trial for alleged passing-off with respect to look-a-like packaging.
Read MoreArea of Law: Commercial Litigation
Michael Edenborough KC acted for the Defendants on the application for committal for contempt of court. In a design right and registered design right infringement case (which was successful [2014] ECCC 34), the claimant's principal witnesses had given false evidence repeatedly about another, but eventually not pursued, cause of action. The principal deponent was sent to prison for 6 months, and the other for 2 months.
Read MoreArea of Law: Intellectual Property
Michael Edenborough KC acted pro bono publico for CIPA in the article 267 reference to the Grand Chamber of the CJEU in the IP TRANSLATOR case.
Read MoreArea of Law: Civil Fraud
Philip Marshall QC and James Mather acted for Constantin Medien in a claim against Bayerische Landesbank for US$130m arising out of the sale in 2006 of the bank's stake in Formula One under the influence of a bribe paid to its senior official.
Read MoreArea of Law: Intellectual Property
Michael Edenborough KC leading Adil Mohamedbhai and Sophie Holcombe in an unsuccessful attempt to get a pro bono costs award from the Appointed Person.
Read MoreArea of Law: Intellectual Property
Philip Jones KC successfully acted for HMRC in this appeal that concerned the treatment of unregistered trade marks in an assignment that formed part of a tax avoidance scheme.
Read MoreArea of Law: Property
An important decision which, in upholding an aspect of the decision of Hildyard J, determined for the first time that a riparian owner cannot moor a vessel alongside his riparian land simply by virtue of riparian ownership of the river bank. Also concerned the construction and application of the British Waterways Acts. Christopher Stoner QC acted for the Defendant (instructed by Shoosmiths)
Read MoreLand Adjudication proceedings on the issue of whether the Port of London Authority could establish paper title to a part of the River Thames opposite Kew Gardens.
Read MoreArea of Law: Civil Fraud
Michael Edenborough KC and David Drake are two of the four counsel acting for the SoS in this claim to recovery the monopolistic profits made by Servier based upon its invalid patent for perindopril (an ACE inhibitor used to combat high blood pressure). Part of the claim involves an allegation that SErvier improperly obtained a European Patent by deceiving the EPO as to the allegedly novelty of the invention. There is satellite litigation before the CJEU on the competition aspects and various issues concerning the disclosure being purported prevented by the French criminal code.
Read MoreArea of Law: Intellectual Property
Michael Edenborough KC was instructed by AIPPI UK to intervene in the Supreme Court case that ruled on the issue of whether legal advice privilege should be extended to tax accountants when advising on tax matters. AIPPI was concerned to ensure that no adverse consequences inadvertently arose for the protection of advice given by patent and trade mark attorneys.
Read MoreArea of Law: Matrimonial Finance: Trusts and Company law
Daniel Lightman QC represented Mrs Prest, the successful appellant, in a landmark Supreme Court decision on the circumstances in which the court can pierce the corporate veil to make orders requiring the transfer to a former wife of assets and property held by offshore companies connected to the husband.
Read MoreArea of Law: Matrimonial Finance: Trusts and Company law
In UL v BK [2013] EWHC 1735, the leading authority in the Family Courts in respect of freezing injunction principles and without notice applications, Dakis Hagen QC represented the husband before Mostyn J.
Read MoreArea of Law: Intellectual Property
Elizabeth Jones KC acted for EMI in relation to a dispute as to whether EMI could licence third parties to make Pink Floyd’s recorded music available on a track by track basis, or whether they were only entitled to licence complete albums.
Read MoreArea of Law: Matrimonial Finance: Trusts and Company law
In Granatino v Radmacher [2011] 1 AC 534, Jonathan Harris QC (Hon.) represented the successful respondent in a landmark appeal heard by nine judges in the Supreme Court which concerned the weight to be given to a pre-nuptial agreement in ancillary relief proceedings.
Read MoreArea of Law: Property
HXRUK II (CHC) Ltd v Heaney (Re Cloth Hall Court) [2010] (High Court, Leeds) (Injunction and damages for interference with rights of light).
Read MoreArea of Law: Property
Successful claim by the Crown Estate to adverse possession of the bed of the River Severn, including a determination of the constitutional ability of the Crown to acquire title by adverse possession. Upheld on appeal.
Read MoreArea of Law: Property
Whether valid notice served pursuant to section 17 of the Landlord & Tenant (Covenants) Act 1995 and whether the original tenant’s financial support for the occupying tenant disentitled it from relying on the covenant of indemnity implied by section 24 of the Land Registration Act 1925. Christopher Stoner QC acted for the Respondents (Instructed by Eversheds LLP).
Read MoreArea of Law: Matrimonial Finance: Trusts and Company law
In Charman v Charman [2005] 1 FLR 1246, the leading authority on the treatment of a discretionary trust as a “resource” within the meaning of section 25 of the Matrimonial Causes Act 1973, Alan Boyle QC and Dakis Hagen QC represented the husband in the Court of Appeal and Jonathan Harris QC (Hon.) also acted for the husband on the wider international elements.
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