London International Disputes Week
We are delighted to be members of London International Disputes Week (LIDW) which starts on 3 June. The week kicks off with Arbitration Day, click here to sign up: https://2024.lidw.co.uk/event/2 The main conference takes place on 4 June, there are still some tickets, but they are selling fast so click here to book your place: https://2024.lidw.co.uk/event/33 […]
Judgment handed down in “Hollywood blockbuster” Upham et Ors v HSBC Bank plc
On 26 April 2024, Mr Justice Bright handed down judgment in Upham et Ors v HSBC Bank plc, previously called a “Hollywood blockbuster” of a case by the Lawyer in its Top 20 list of cases for 2024. Zachary Kell appeared as junior counsel (led by Philip Coppel KC) in a 9-week trial in the […]
Peachside Limited v Lee and Keung [2024] EWHC 921 (TCC)
Wendy Mathers, instructed by Bude Nathan Iwanier LLP, acted for the successful Claimant in Peachside Limited v Lee and Keung [2024] EWHC 921 (TCC). The Claimant landlord sought damages for dilapidations at the end of a commercial lease. Unusually, both limbs of section 18(1) of the Landlord and Tenant Act 1927 were engaged, meaning then Judge […]
Barklem v HMRC [2024] EWHC 651 (Ch)
Mr Justice Fancourt has handed down judgment in Barklem v HMRC [2024] EWHC 651 (Ch), in which HMRC successfully obtained an order striking out High Court proceedings on the ground that they were an abuse of process. The claim had been brought in connection with a film partnership tax scheme. Nicholas Macklam acted for HMRC. […]
PSG Trust Corporation v CK [2024] EWCOP 14
Justin Holmes, instructed by the Official Solicitor, was successful in PSG Trust Corporation v CK [2024] EWCOP 14, a decision of Hayden J, which considered the circumstances in which knowledge of the size of her compensation fund could be withheld from P. It is not uncommon, particularly in brain injury cases, for survivors to be […]
Burke & Ors v Peabody Construction Ltd [2024] EWHC 392 (Ch)
Matthew Weaver KC, instructed by Aaron Harlow, Hayley Çapani, Charles Williams and Aadil Qureshi of Shoosmiths, acted for the successful Applicants. The Court overturned a decision awarding costs against the joint supervisors of a CVA. The Court emphasised that costs orders against a nominee are rare, and some element of personal misconduct is needed to justify them. Even where a […]
Dominik Thiel-Czerwinke and Jamie Taylor (as Joint Liquidators of Courtside Recycling Limited (in liquidation)) v Nicholas Crabb [2024] EWHC 337 (Ch)
Chloe Shuffrey, instructed by Frances Coulson and Ian Rees of Wedlake Bell LLP, acted for the successful Applicants, the joint liquidators of Courtside Recycling Limited (in compulsory liquidation), in a claim for c. £2.5m pursuant sections 212 (misfeasance / breach of duty) and 213 (fraudulent trading) against the former director of the Company. In its […]
Scotbeef Ltd v D&S Storage Ltd & Lonham Group Ltd [2024] EWHC 341 (TCC)
Today HHJ Kelly sitting in the High Court in Leeds handed down judgment on Scotbeef Ltd v D&S Storage Ltd & Lonham Group Ltd [2024] EWHC 341 (TCC), which is only the third published decision on the novel provisions of the Insurance Act 2015 removing the previous duty of good faith in insurance contracts. Andrew […]
Trinidad & Tobago Court of Appeal delineate the jurisdiction of a University Visitor
Robert-Jan Temmink KC and Catherine Doran appeared in the Trinidad & Tobago Court of Appeal for the successful appellant. In a decision which will be relevant to certain other Commonwealth and former Commonwealth countries, the Court of Appeal rejected the University of West Indies’ contention that the Court’s jurisdiction had been ousted by the University […]
Lane v Lane [2024] EWHC 275 (Ch)
Daniel Burton, instructed by Rob Adam of Greene & Greene, represented the successful Claimant beneficiary in contested Part 64 proceedings concerning the administration of a farming estate. The Court held that a testamentary gift of a “share and interest” in a dissolved partnership had not adeemed and, generally, would not adeem until the payment of […]