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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: 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 MoreArea 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.
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