Backos v (1) WFW Global LLP (2) Watson Farley & Williams (New York) LLP [2019] EWHC 243 (Ch)

Area of Law: Partnership and LLP

Carlyle Capital Corporation Limited v Conway Others

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. 

INVISTA v Botes and ors ([2019] EWHC 58 (Ch))

Area 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)).

Easy Rent a Car Ltd v easyGroup Ltd [2019] EWCA Civ 477

Area 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.

Bhusate v Patel [2019] EWHC 470 (Ch)

Area 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.

Glaxo Group Limited v EUIPO T-803/16 (CJEU, General Court

Area 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.

St John’s Trust Company (Pvt) Ltd v Tamine [2018] EWHC 3629 (Ch)

Area 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. 

Lehtimaki v Children’s Investment Fund Foundation [2018] EWCA Civ 1605.

Area 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.

Illot v The Blue Cross [2017] UKSC 17

Area 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.