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Area 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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