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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: Banking and Financial Services
Philip Marshall QC, Jonathan Harris QC (Hon.) and James Mather are acting for Abu Dhabi Commercial Bank in State of Qatar v Emirates NBD Bank, one of the largest claims to be brought in the English High Court, in which claims are brought against the bank by the State of Qatar in conspiracy said to arise out of an alleged international scheme to manipulate the value of Qatari currency and bonds connected with the so-called ‘blockade’ of Qatar by neighbouring Gulf states causing the Qatari Central Bank to have to deposit US$13 billion.
Read MoreArea of Law: Civil Fraud
Philip Marshall QC and Matthew Morrison continue to act for Business Energy Solutions (BES) in respect of proceedings arising from the obtaining and execution of search warrants, and an ongoing trading standards investigation into BES’s affairs. The claims, which seek damages for misfeasance in public office and just satisfaction under the Human Rights Act 1998, raise novel points of public and private law including immunity from suit. The 12-day trial commences in November 2021.
Read MoreArea of Law: Civil Fraud
Philip Jones QC and Hugh Norbury QC are each instructed on behalf of separate Defendants in the major commercial fraud case of Vale v Steinmetz & Ors, arising out of a failed mining joint venture in Guinea. The claim is for nearly US$2 billion.
Read MoreArea of Law: Arbitration
In Cesfin Ventures LLC v Ghaith Al Qubaisi, Rupert Reed KC and Gregor Hogan obtained a worldwide freezing order in the Chancery Division against a director and shareholder of a UAE conglomerate in support of New York proceedings against him as “alter ego” of the UAE holding company, alternatively in setting aside fraudulent transfer to himself and others of company assets to frustrate enforcement of the award rendered in an ICC arbitration seated in New York.
Read MoreArea of Law: Commercial Litigation
Jonathan Adkin QC, Sophie Holcombe, and Jamie Randall act on behalf of the former Prime Minister of Georgia and his family as beneficiaries of a Singapore Trust in Ivanishvili, Bidzina and others v Credit Suisse Trust Ltd [2020] SGCA 62. Claims have been commenced against Credit Suisse entities for losses arising from the mismanagement of an investment portfolio said to be worth over US$1bn. In July 2020 the Singapore Court of Appeal dismissed Credit Suisse Trust’s jurisdiction challenge, bringing an end to a long-running jurisdiction battle.
Read MoreArea of Law: Civil Fraud
Lance Ashworth QC acts for the claimant in Kelly v Baker & Braid, a commercial court claim for damages for fraudulent misrepresentation and/or breach of fiduciary duty leading to the sale of a group of companies at an undervalue of over £110m.
Read MoreArea of Law: Private Client Trusts and Probate
John Machell QC acts for the appellants in ITG Limited v Glennalla Properties Limited in an appeal to the Privy Council. The case concerns issues relating to the insolvency of trusts including the priority between the indemnity claims of successive trustees, and between trustees and outside creditors.
Read MoreArea of Law: Property
Amy Proferes acts for the First and Second Defendants in Toner v Telford Homes & Ors, a claim regarding a flat purchased off-plan. The claimant seeks rescission, damages and other remedies against 6 defendants including the developer, the property manager and the current freeholder, on the basis of misrepresentation, breach of contract, fraud, negligence and harassment. The case raises questions which will be of importance to developers selling properties off plan as to representations made in sales models and brochures, as well as how (and whether) developers can protect themselves from such claims by means of disclaimers and/or contractual terms. Judgment is currently awaited on applications by the First to Fourth Defendants seeking summary judgment and/or strike out of the claim.
Read MoreArea of Law: Civil Fraud
Lance Ashworth QC and Matthew Morrison are acting for the claimants in Wellcourt Investment Corp v Propfurn Ltd, a claim in connection with a £100m property portfolio in London, owned by BVI and Liberian companies. They have so far successfully obtained recovery of all monies held by the former agents of the claimants.
Read MoreArea of Law: Banking and Financial Services
Lance Ashworth QC acts for the claimant in Grove Park Properties v Royal Bank of Scotland, which is due for a 10-day Commercial Court trial in January 2021, in which it is alleged that the defendant bank fraudulently amended a loan agreement to halve the term of the loan.
Read MoreArea of Law: Property
Thomas Braithwaite, acting for the Crown Estate Commissioners, successfully defeated an adverse claim to part of the North Norfolk coast. The case addressed the principles of accretion and avulsion, and the presumption of Crown ownership of the foreshore (Bett & Gethin v Crown Estate (FTT, REF/2017/0591)).
Read MoreArea of Law: Civil Fraud
John Machell QC acts for the claimants in Circumference v Martin in which the Claimants claim an entitlement to rescind a share purchase agreement for fraudulent misrepresentation.
Read MoreArea of Law: Property
In Kelleher v Castlebourne Homes (Rock) Ltd [2020] (High Court, Bodmin District Registry) Andrew Bruce represented the Defendant developers in a dispute about the width of a strip of land and easement at a site in Trebetherick, Cornwall. The trial took place over a week entirely remotely in Summer 2020 and involved detailed consideration of historic conveyances, numerous plans and various aerial photographs, together with contested expert surveying evidence. HHJ Carr’s judgment paid tribute to the quality of the submissions.
Read MoreArea of Law: Civil Fraud
Hugh Norbury QC has been involved in the English leg of China Metals v Chun, a large international fraud case relating to the alleged misappropriation of assets in China / Hong Kong. Hugh is acting for the daughters of the alleged fraudster in relation to a proprietary injunction over valuable assets that they hold in London.
Read MoreIn Dunmoore (West London) Ltd v Vanessa Donegan [2020] (Upper Tribunal Lands Chamber), Andrew Bruce acted for the Objector on an application to modify a restrictive covenant under s.84(1)(aa) of the Law of Property Act 1925. The Applicants were constructing an industrial park on agricultural land near Billingshurst, Sussex and sought to modify a covenant which prevented any building on a buffer zone of 200’ from the boundary of the Objector’s (extensive and valuable) home. The application was settled the last working day before the Upper Tribunal hearing on commercial terms.
Read MoreArea of Law: Civil Fraud
In Equity Real Estate (Bracknell) Ltd & Ors v Capstan Capital Partners LLP & Ors, Justin Higgo QC and Stephanie Thompson are representing five SPVs who are the apparent victims of a substantial property investment fraud. They have so far obtained extensive disclosure from third parties under the Bankers Trust, Norwich Pharmacal, and pre-action disclosure jurisdictions.
Read MoreArea of Law: Civil Fraud
Hugh Norbury QC is instructed on behalf of corporate and individual trustee and director defendants in Ballacorey What v Brown and Ors, a fraud claim issued in the Isle of Man arising out of a relationship between investment managers in the GEM financial management business.
Read MoreArea of Law: International and Offshore
In Credit Europe Bank (Dubai) Ltd v. (1) NMC Trading LLC (2) NMC Healthcare LLC (3) Bavaguthu Raghuram Shetty [2020] DIFC CFI 031, Rupert Reed KC and Gregor Hogan acted for the major Dutch Bank, CEBD, to obtaining a worldwide freezing order against Dr BR Shetty, founder of the troubled NMC Group. The decision also confirmed that an applicant need not demonstrate any assets of the respondent in the jurisdiction of the DIFC to obtain a worldwide freezing order. Rupert and Gregor represented CEBD at the trial of its claim against Dr Shetty in September 2021.
Read MoreArea of Law: Property
In Wickers v Humbles, Philip Jones QC and Gregor Hogan continue to act for the directors of a property development company in a dispute arising from the impact of the global financial crisis on a super-prime property development in London. The case is expected to proceed to a six-week trial in the Isle of Man in late 2021 or 2022.
Read MoreArea of Law: Civil Fraud
In Federal Republic of Nigeria v Tibit, Timothy Collingwood QC acts for the defendant company in an action in the BVI brought on behalf of the Government of Nigeria to recover funds which it is claimed were appropriated by corrupt former officials and used to purchase an executive jet.
Read MoreArea of Law: Commercial Litigation
Hugh Norbury QC was instructed in Gens v Goldenberg, in which a battle between Russian investors in a Russian software business was briefly before the English High Court; the case was compromised before the interesting issue of jurisdiction was resolved.
Read MoreArea of Law: Commercial Litigation
Hugh Norbury QC has been working on the Bermudian element of the international battle waged by the private equity firm Apollo and its subsidiary Athene against their former partner /employees who have set up a competitive business (Athene v Siddiqui, Cernich & Caldera).
Read MoreArea of Law: Commercial Litigation
In PPRS v Tecar Justin Higgo QC represents the defendant in multiple claims for breach of warranty arising out of the sale of a Romanian paper business.
Read MoreArea of Law: International and Offshore
Rupert Reed KC and Gregor Hogan acted for the Sarjah Elecricity and Water Authority in FAL Oil Company Ltd v Sarjah Electricity and Water Authority. The case involved the challenging of the recognition and enforcement in the DIFC of a Sarjah court judgment on the basis of inter-Emirate immunity. This is the first time the DIFC Court considered the concepts of sovereign immunity within the UAE.
Read MoreArea of Law: Company
Matthew Morrison and Gregor Hogan act for Haz International Limited in connection with misfeasance proceedings alleging the diversion of business opportunities and other wrongs by a former director and shareholder. These have been consolidated with a just and equitable winding up/unfair prejudice petition presented by the defendant director/shareholder. The evidential stage of the trial (including the cross-examination of three Turkish witnesses via a translator) took place remotely over ten days in the Insolvency and Companies Court during January 2021. Closings will be presented in March 2021.
Read MoreArea of Law: Commercial Litigation
In Khalifeh v Blom Bank, Zahler Bryan is acting for the claimant who seeks the return of monies held in a Lebanese bank account and, in a high-profile decision earlier this year, successfully resisted the Lebanese bank’s jurisdiction challenge by establishing that the claimant was a consumer for the purposes of the European rules of jurisdiction ([2020] EWHC 2427(QB)).
Read MoreArea of Law: Commercial Litigation
Sophia Hurst represented the Claimants in Toucan Energy Holdings Ltd v Wirsol Energy Ltd in a five-week trial in the Commercial Court before Henshaw J. The US$60m dispute related to the sale, construction, and financing of 19 solar farms in the UK. Judgment is awaited.
Read MoreArea of Law: Private Client Trusts and Probate
Philip Jones QC has been acting in the BVI in numerous applications in the Skobelev case in which a Russian national has sought to recover money and assets stolen from him by a former employee and her husband.
Read MoreArea of Law: International and Offshore
In Brown & Company Plc v Faber Capital (DIFC) Ltd, Rupert Reed QC, and Gregor Hogan continue to act for a financial services firm defending allegations of breach of fiduciary duty arising from a sophisticated phishing attack.
Read MoreArea of Law: Private Client Trusts and Probate
John Machell QC and Dan McCourt Fritz act for one of the respondents to an appeal in St Johns Trust Company (PUT) Ltd v Medlands (PTC) Ltd. The appeal concerned various orders made by the Court exercising its supervisory jurisdiction in relation to trusts. The appeal was heard by the Bermudian Court of Appeal in January 2020.
Read MoreArea of Law: Private Client Trusts and Probate
In B v B, Emma Hargreaves and Gregor Hogan act for the wife in divorce proceedings involving Portuguese property held in a Cypriot trust. The case involves complex questions of jurisdiction and trusts law, and is expected to be one of the first decisions considering the Privy Council’s decision in Webb v Webb. Judgment is expected in early 2021.
Read MoreArea of Law: Competition Law and State Subsidies
Professor Suzanne Rab represented Riverside Truck Rental in parallel proceedings in the Technology and Construction Court (TCC) and the Administrative Court for judicial review. The claim raised EU and procurement law questions arising out of the conduct of a public procurement procedure subject to the requirements of the Public Contracts Regulations 2015 (SI 2015/102) (PCR 2015) and related duties arising under EU law. The case raised novel issues of law including consideration of when judicial review claims can be brought where there is a statutory procedure.
Read MoreArea of Law: Insolvency
In Trafalgar v Hadley & Ors Justin Higgo QC and Jamie Randall continue to represent the liquidator of Trafalgar in multi-party proceedings in the Chancery Division to recover funds misappropriated from a Cayman Islands segregated portfolio by its fiduciaries.
Read MoreArea of Law: Company
In Re: H Limited, Timothy Collingwood QC acts for majority shareholders in BVI proceedings involving allegations against them of unfairly prejudicial conduct, where the Court has had to address the effect on the claim against the shareholders of an arbitration agreement in the company’s articles of association.
Read MoreArea of Law: Company
In Medical Imaging Partners v St Joseph’s Independent Hospital, the question arose as to whether an MRI machine and other medical equipment subject to chattel leases had become annexed to land owned by a company in administration, so that title to the equipment passed to the purchasers of the business when the company’s assets were sold by the administrators. Thomas Braithwaite acted for the purchasers.
Read MoreArea of Law: Civil Fraud
Philip Jones QC and Gareth Tilley are acting for HMRC in HMRC v IGE USA Investments Ltd, a claim arising from the Revenue’s contention that it has rescinded tax settlements with the UK Subgroup of the US conglomerate worth upwards of £650m. The trial is to take place in late 2021. An interlocutory decision of Zacaroli J reported at [2020] EWHC 2121 (Ch) permitting the Claimants to amend to allege fraud is currently on appeal to the Court of Appeal raising the question of what if any limitation period applies to equitable claims for rescission on the basis of fraudulent misrepresentation.
Read MoreArea of Law: Private Client Trusts and Probate
Dakis Hagen QC appeared for the first defendant in Geneva Trust Company (GTC) SA v IDF & Anr (21/12/2020) FSD 248 OF 2017 (IKJ) in her successful application for a stay of a claim in the Cayman Islands seeking declarations as to the validity of a Cayman Islands trust which trust was already being impugned by her in ongoing litigation in Italy. The application was met in part by the argument that the Cayman court had an exclusive statutory jurisdiction to determine such matters under s. 90 of the Cayman Trusts Law (which, it was said, in that context abrogated the power to stay on grounds of forum non conveniens); the court noted that such had been the orthodox view historically based on authorities stretching back 20 years.
Read MoreArea of Law: International and Offshore
In Basin v Rouge CFI 057/2018, James Weale appeared in the last in-person hearing in the DIFC Court before lockdown. Following a trial, James obtained judgment for the claimant in a claim under a guarantee agreement: [2018] CFI 057. The Court gave guidance on the extent to which variations to underlying obligations affect the validity of an associated guarantee. James also successfully defeated a jurisdiction challenge submitted to the Joint Judicial Committee (Cassation No. 9 of 2019).
Read MoreArea of Law: Commercial Litigation
David Drake acted for the successful defendants in SPI North Ltd v Swiss Post International (UK) Ltd [2020] EWHC 3268 (Ch), where the court had to consider the practical limits to the permission, frequently given to respondents to an amendment application, to make “consequential” amendments to their own responsive statement of case.
Read MoreArea of Law: Competition Law and State Subsidies
David Drake appeared for the successful respondents in the Supreme Court hearing Secretary of State for Health v Servier Laboratories Ltd [2020] 3 WLR 1207, where it was held that the EU law principle of absolute res judicata arising from decisions of the European Courts annulling acts of EU institutions could not be applied in a legal context detached from the annulling judgment.
Read MoreArea of Law: Civil Fraud
Jonathan Adkin QC and Charlotte Beynon act for the fourth defendant and Philip Marshall QC and Simon Hattan for the fifth defendant in Public Institution for Social Security of Kuwait v Al-Rajaan and Ors, one of the largest fraud claims ever heard in the Commercial Court. PIFSS alleges that the defendants are liable for over US$800m as a result of a large-scale fraud perpetrated by its former director general, Mr Al-Rajaan, in conjunction with the other defendants. The Serle Court contingent recently successfully challenged the jurisdiction of the English Court to hear the claims against their clients, with the Court directing that the claims should be heard in Switzerland, a decision which the Claimant has been given permission to appeal.
Read MoreArea of Law: Company
Gareth Tilley acted as junior counsel for the Official Receiver in Re Keeping Kids Company; Official Receiver v Atkinson, the disqualification proceedings arising from the collapse of the charity Kids Company. These are believed to be the first-ever proceedings for disqualification of charity trustees as company directors and they raise questions about the standard to be applied to unpaid trustee directors, whether a remunerated charity CEO can or ought to be classified as a de facto company director, and what degree of latitude the trustee directors have in relation to the pursuit of charitable objects when the company is of doubtful solvency.
Read MoreArea of Law: Private Client Trusts and Probate
Constance McDonnell QC successfully resisted the adjournment of a trial sought for Covid-related reasons in Lucas v Gatward [2020] EWHC 3040 (Ch). The widely reported case about ownership of a family home settled shortly before the trial due to commence in November 2020.
Read MoreArea of Law: Company
Philip Jones QC was successful in the Privy Council in Ocean Sino, a case which involved a claim by one joint owner of a BVI company to wind it up on the just and equitable ground. He had previously acted at the original trial and before the BVI Court of Appeal.
Read MoreArea of Law: International and Offshore
In Attorney General v Zedra Fiduciary Services (UK) Ltd [2020] EWHC 2988 (Ch), Will Henderson acted for the Attorney General. This involved ‘The National Fund’ which was settled with £500,000 of cash and securities in 1928 on trust to accumulate income and profits until the date fixed by the trustee as being the date when, either alone or together with other funds then available for the purpose, the fund was sufficient to discharge the National Debt. The fund was then to be transferred to the National Debt Commissioners to be applied by them in reduction of the National Debt. The Fund is now worth about £0.5 billion. Zacaroli J held that there was a valid charitable trust and that the court had jurisdiction to order a cy-pres scheme. He adjourned the question of what (if any) scheme to order.
Read MoreArea of Law: International and Offshore
Rupert Reed KC and James Weale acted for the Claimant bank in a US$30m fraud claim against various defendants in proceedings in the DIFC in SBM Bank (Mauritius) Ltd v Renish Petroleum FZE (CFI 054/2018). Having successfully obtained summary judgment against the first two defendants, the trial against the third defendant has been listed in December 2021. A committal application against the first two defendants took place in January 2021. Please click here to view the judgment.
Read MoreArea of Law: Company
In Re Global-IP Cayman, Daniel Lightman QC, representing the majority shareholder in the Grand Court of the Cayman Islands, successfully argued before Parker J that (i) the case was an exception to the usual rule that the petitioning creditor should be awarded its costs of a winding-up petition (unrep, 21 July 2020) and (ii) the majority shareholder’s appointees to the company’s board had not been removed from office because on a proper interpretation of the company’s articles the relevant board meeting had been inquorate (unrep, 31 December 2020).
Read MoreArea of Law: Civil Fraud
Philip Marshall QC and Oliver Jones continue to represent Emmerson International Corporation and several other defendants and claimants by way of counterclaim and ancillary claim in proceedings in the BVI in a dispute worth circa US$1bn between two prominent Russian businessmen and associated parties concerning a joint venture in relation to power generation and distribution assets in Russia (Renova Industries Ltd & Ors v Emmerson International Corporation & Ors). The proceedings involve contractual claims and claims for breach of trust and dishonest assistance, deceit, conspiracy to injure and other economic torts. There were numerous interlocutory hearings and appeals in 2020, including a successful appeal by Emmerson against the lower court’s decision to set aside certain amendments to its claims (BVIHCMAP 2019/0017), applications made by Emmerson for anti-suit injunctions in relation to proceedings brought in Russia (currently subject to appeal) and Cyprus, and an application by the Renova parties for an order that Emmerson be required to share legal representation with certain other parties notwithstanding that there is a conflict of interests between them. Judgment of the ECCA is also pending on Emmerson’s appeal against the lower court’s decision to impose a confidentiality club in relation to disclosure ordered to be given ancillary to a freezing injunction obtained by Emmerson, which will be the first appellate decision on the subject in the BVI.
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