"impressive silks and juniors are praised for their strength in depth"
Serle Court “offers a variety of skill sets that others can’t provide, and houses some of the biggest names at the Bar”
Writing in Law360, Serle Court's Zoe O'Sullivan KC assesses the decision in PJSC National Bank Trust v Mints [2023] EWHC 118 (Comm), discussing how Cockerill J found that it is not contrary to the UK's anti-Russian sanctions regime for a court to enter judgment in favour of a sanctioned party.
The full article is available here (behind a paywall).
Zoe O'Sullivan KC is an experienced barrister and arbitrator practising at Serle Court in London. She is recommended by Chambers UK Bar for Commercial Dispute Resolution, Banking & Finance and Information Technology. Zoe is also recommended in Dispute Resolution (The English Bar - United Arab Emirates) by Chambers Global.
Click here for more about Zoe’s practice.
In a recent article for the UK Tech News, Serle Court's Zoe O’Sullivan KC writes about the Court of Appeal case Tulip Trading Limited v van der Laan [2023] EWCA Civ 83 titled ‘Bitcoin networks may owe fiduciary duties to bitcoin owners’. Zoe explores in this article how the Court of Appeal has opened the door to the possibility of a court finding that developers who control bitcoin networks may owe fiduciary duties to bitcoin owners who use their networks.
The full article is available here.
Zoe O’Sullivan KC is a robust and experienced advocate who thrives on the challenges of oral advocacy and cross-examination. She is recommended by Chambers UK Bar for Commercial Dispute Resolution, Banking & Finance and Information Technology. Zoe is also recommended in Dispute Resolution (The English Bar - United Arab Emirates) by Chambers Global.
Here for more about Zoe’s practice.
Zoe O’Sullivan KC has written an article for Global Arbitration Review titled 'If it ain’t broke, don’t fix it: the English Arbitration Act and confidentiality'.
In the article, Zoe considers the Law Commission's long-awaited review of the Arbitration Act 1996 and argues that the Law Commission’s provisional conclusion not to adopt a statutory code of confidentiality in the English Arbitration Act is pragmatic and sensible. She looks at important recent case-law including Economic Department of City of Moscow v Bankers Trust Co [2005] QB 207; Emmott v Michael Wilson & Partners [2008[ EWCA Civ 184; Halliburton v Chubb [2020] UKSC 48; and AEGIS v European Re [2003] UKPC 11.
This article was published in Global Arbitration Review on 18 October 2022. Read Zoe’s article here (paywalled).
Richard Wilson QC, James Weale and Oliver Jones have written an article on 'Equitable Mistake' in the case of Middleton v Middleton Enterprises (Holdings) Ltd. In the Private Client analysis published by LexisPSL, the authors consider the following areas:
The court held that a series of interest-free loan agreements between a company’s shareholders and the company could be set aside for mistake under the equitable principles applicable to voluntary dispositions as set out in Pitt v Holt. The decision makes clear that the court will look at the substance of a transaction, and not simply its form, in deciding whether, on a claim for mistake, the equitable or common law principles should apply.
To read the full article sign in to LexisPSL or take a trial. Click here to redirect to the LexisNexis website.
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Philip Marshall QC features in the latest ThoughtLeaders4 Disputes Magazine, 'Companies and Shareholders in the Spotlight' with a 60 second interview answering questions such as...
Cick here to view the interview.
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Can a listed public company ever be a quasi-partnership? Yes, say Daniel Lightman QC and Max Marenbon in an article published in the recent ThoughtLeaders 4 Disputes Magazine Issue 5 'Companies and Shareholders in the Spotlight'.
To read their article, please click here.
View the full magazine here.
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Lance Ashworth QC and Wilson Leung, new member of Serle Court, have co-authored an article - ‘Liquidators: A duty to deal with trust assets?’ - in the recently published CMI International Insolvency & Restructuring Report 2022/23.
The article considers the issue often faced by the liquidator of a company on how to deal with property held on trust by the company and whether there is a duty under English law.
Click here to view the article.
The International Insolvency & Restructuring Report is the leading global guide to the insolvency and restructuring marketplace. This 6th edition includes a Foreword by John Martin, Chair of the International Insolvency Institute.
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For litigators and corporate lawyers considering the impact on their clients of Re Klimvest Plc [2022] EWHC 596 (Ch), where the High Court granted a minority shareholder’s petition to wind up a listed plc on the ground of “loss of substratum” under section 122(1)(g) of the Insolvency Act 2006, Daniel Lightman QC and Max Marenbon have published a short analysis on LexisPSL. Their analysis covers the background to the case, the court’s reasoning and the practical implications for minority shareholders, company boards and those advising them.
Daniel Lightman QC and Max Marenbon represented the successful petitioner in Re Klimvest Plc [2022] EWHC 596 (Ch), instructed by Tamar Halevy of Marriott Harrison LLP.
To read their article, please click here.
Paul Adams and Tim Benham-Mirando recently appeared for the successful respondent in Richards v Kulczyk & Ors [2022] EWHC 863 (Ch). Tim has drafted the following article on the practical implications of the case, and why it is of interest to practitioners.
Read the article on LexisNexis here.
We are delighted to announce that the 20th edition of Underhill and Hayton, Law of Trusts and Trustees has now been published. Serle Court barrister Prof. Jonathan Harris QC (Hon.) and associate member of chambers, Dr Sinéad Agnew are co-authors of the book (along with HHJ Paul Matthews and Prof. Charles Mitchell).
First published in 1878, Underhill and Hayton is widely recognised as one of the leading practitioner texts in its field.
To view further details of the new edition, please click here.
Paul Adams has written an article taking a new look at the use of a "True Effect of the Trusts" analysis to give creditors access to trust assets. The Article has been published in Trusts & Trustees.
The article is available to subscribers of Trust and Trustees and can be accessed here.
Hugh Norbury QC and Dan McCourt Fritz have contributed an article to the ICC FraudNet Global Annual Report 2022. This year's report focuses on The Ever-Evolving Nature of Fraud and Financial Crime: International Insights and Solutions. The article titled 'The Honest Forger and the Importance of Crying Foul: Insights on Forgery in English Law' can be found at pp. 206-211 in Part Seven of the report which focuses on 'Forgery'.
This report is edited by Dr Dominic Thomas-James.
The report can be accessed here.
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Gregor Hogan discusses ‘LLPs and Derivative Actions: Homes for England v (1) Nick Sellman (Holdings) Ltd (2) Bromham Road Development LLP [2020] EWHC 936 (Ch)’. The judgment, by Zacaroli J, confirmed that the test to be applied in determining whether to grant permission for a member to continue a derivative claim on behalf of an LLP is the common law test in Foss v Harbottle not that contained in the Companies Act 2006.
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Gregor Hogan discusses Furlough and Administration: In the matter of Carluccio’s Limited [2020] EWHC 886 (Ch).
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Gregor Hogan discusses the recent judgment in Barkatali v Augustine [2020] EWHC 753 (Ch) and how Morgan J dismissed an application for an interim injunction.
In an article for New Law Journal, Andrew Francis discusses ‘Troubles with rights of light’. Andrew explains why the recent decision in Beaumont has importance beyond the world of rights of light.
Please click here to read the article.
The 20th edition of Lewin on Trusts, of which James Brightwell is a co-author, has published this week.
The new edition has been extensively re-organised and substantially expanded and is now in two volumes. Among other things, it now contains a chapter on trusts and divorce. For further details, and to purchase a copy, please click here.
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Judgment in Shanghai Shipyard v Reignwood International Investment (Group) Company Ltd [2020] EWHC 803 (Comm) was handed down on Friday, 3rd April. Zoe O'Sullivan QC of Serle Court and Harry Wright of 7KBW acted for Reignwood. Please click here for the judgment.
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In light of the current need for social distancing and isolation, Jennifer Haywood discusses the role of alternative dispute resolution via video conferencing, and how the increased use of modern technology will help us all find a way to resolve ongoing disputes.
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Our member Amy Proferes comments on the Court of Appeal case in Kinglsey v Kingsley [2020] EWCA Civ 297 (Ch) which was handed down on Tuesday, 3rd March. For the judgment, please click here.
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Jamie Randall discusses the eagerly-awaited judgment in Shanda Games Ltd v Maso Capital Investments Ltd & Ors [2020] UKPC 2 which was handed down on Tuesday, 27th January 2020.
Philip Jones QC acted for Shanda Games Ltd (Respondent).
The Fifth Edition of Restrictive Covenants and Freehold Land is now available to purchase on LexisNexis.
The book has established itself as an essential guide for the practitioner requiring an understanding of the law of restrictive covenants affecting freehold land. This newest edition considers all areas of law and practice affecting restrictive covenants. The book has been described as "making complex topics intelligible, and enabling readers to solve problems quickly and accurately".
This article for Trusts & Trustee addresses the legal and practical issues that might arise from the Court of Appeal's judgment by considering various structures of membership of charitable companies limited by guarantee. It also considers the significance of the Court of Appeal’s observations on the courts’ powers to intervene in the exercise of discretion by fiduciaries in the charities context.
Please click here to read the article.
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A Q&A guide to the legal system in the UK. The Q&A gives a high level overview of the key legal concepts including the constitution, system of governance and the general legislative process; the main sources of law; the court structure and hierarchy; the judiciary and its appointment; the general rules of civil and criminal litigation, including reporting restrictions, evidentiary requirements, the roles of the judge and counsel, burdens of proof and penalties.
Please click here to view the full article.
Dr James Behrens considers the pros & cons of evaluative mediation in resolving trust & estate disputes.
If you have a subscription to New Law Journal, you can view the full article here.
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LexisPSL
Andrew Bruce was interviewed by LexisPSL this week about the decision of the Upper Tribunal in Payne v. Maldon D.C [2019] UKUT 335 (LC). The decision concerned an application to modify a restrictive covenant arising out of a planning agreement and gives rise to an interesting issue about ‘release fee’ damages.
Please click here to read Andrew's article.
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Sophia Hurst comments on yesterday’s Supreme Court decision in Singularis Holdings Ltd (In liquidation) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50 and the scope of banks’ liability for failing to prevent fraud.
Constance McDonnell QC examines the year’s most notable 1975 Act decisions.
If you have a subscription to New Law Journal, you can view the full article here.
In an article for New Law Journal, Andrew Bruce explains the groups for sweeping away a leasehold covenant under s 84 of the Law of Property Act 1925.
The article, 'Offices to flats: a rare modification?' is available here.
In an article for Solicitors Journal, Jennifer Haywood discusses how drafting effective restrictive covenants in a law firm's partnership deed is vital to protect the firm against team moves which can be catastrophic.
Jennifer's article 'Putting Off the Competition', can be found in Solicitor Journal's October Edition online.
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Professor Suzanne Rab has written an article on 'Artifical Intelligence, Algorithms and Antitrust'. The article is a brief summary of key themes discussed at the Competition Law Association 2019 Seminar and panel session.
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Zoe discusses how O'Farrell J's judgment usefully revisits an issue on which lawyers are often asked to advise in practice: does the contract impose binding obligations on the parties to exhaust all contractual dispute resolution processes before they can commence court or arbitration proceedings?
In an article for Solicitors Journal, 'Easements of recreation: a new species', Christopher Stoner QC explains the Supreme Court's rationale in recognising a new species of easement.
Jennifer Haywood uncovers some valuable lessons on proprietary estoppel from recent Court of Appeal decisions.
If you have a subscription to New Law Journal, you can view the full article here.
Please click here to view the full article
The Financial Conduct Authority (FCA) is undertaking more investigations under the Senior Managers & Certification Regime, says Professor Suzanne Rab, a barrister at Serle Court Chambers.
Please click here to view the full article.
Adrian de Froment discusses the recent judgment of the Court of Appeal in Easy Rent a Car Ltd v Easygroup Ltd [2019] EWCA Civ 477. Adrian explains that following this judgment it may be easier for litigants in IP disputes with a cross-border element to leave the English court with no option but to decline jurisdiction.
Stephanie Wickenden of Serle Court (instructed by Shoosmiths) acted for the Respondent.
If you have a subscription to Intellectual Property Magazine, you can view the full article here.
In an article for Solicitors Journal, titled "Seeing Non-Contentious Probate Fee Reforms in Context", Kathryn Purkis argues that opposition to the government's proposed changes to probate fees is misplaced, believing the proposal should have a Robin Hood effect in practice.
Hugh Norbury QC comments on 'Kaye taking up post as new Chancery Master'
Eleni Dinenis comments on the meaning of ‘maintained’ under s.1(3) of the England and Wales Inheritance (Provision for Family and Dependants) Act 1975 .
Constance McDonnell QC was quoted in The Daily Telegraph regarding delay in marriage and wills rules.
Richard Wilson QC describes the main points of the Ninian assisted suicide case and why Mr Ninian's widow claimed relief from the forfeiture rule in his will along with a list the importance of legal advice.
To view the full article, please click here
In an article for the New Law Journal Constance McDonnell QC explains how at testamentary freedom fits into recent decisions in 1975 Act claims?
If you have a subscription to New Law Journal, you can view the full article here.
Dakis Hagen QC writes an article for CityAM
Please click here to view the article
Jonathan Fowles comments in The Times 'Margaret Thatcher library money is spent before a brick is laid'
Please click here to view the article.
Please click here to view the article.
