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2 July, 2021 Houghton v USA – service on a foreign State in proceedings involving its armed forces

A UK Employment Tribunal (“ET”) has handed down judgment on the previously untested issue whether a party serving ET proceedings on a foreign State in relation to employment by that State’s armed forces of persons within the UK was required to follow the service provisions in s. 12 of the State Immunity Act 1978 (“SIA”), […]

1 July, 2021 Ben Juratowitch QC to join Essex Court Chambers

Members of Chambers are pleased to announce that Ben Juratowitch QC will join Essex Court Chambers on Monday 1 November 2021. Ben is a partner at Freshfields Bruckhaus Deringer LLP and is Head of the firm’s Public International Law practice. Ben took silk in 2017 and is also a member of the Paris Bar. He […]

25 June, 2021 General Dynamics v Libya: Supreme Court rules on service of arbitration enforcement proceedings on foreign states

The Supreme Court has today handed down judgment in General Dynamics v Libya [2021] UKSC 22. General Dynamics seeks to enforce an arbitration award of over £16 million plus interest and costs made in 2016 by an ICC tribunal against Libya.  On 21 June 2018, it issued proceedings in the High Court to enforce the […]

17 June, 2021 Singapore International Commercial Court Considers The Public Trustee v Pearlberg in a Contract Termination Dispute Governed by English law

On Monday 14 June 2021, Sir Jeremy Lionel Cooke IJ issued a reserved judgment in the case of Singapore Airlines Ltd. v CSDS Aircraft Sales & Leasing Inc. [2021] SGHC(I) 3.  This judgment followed a short trial conducted remotely in the Singapore International Commercial Court (SICC) during May which dealt with issues of liability in […]

15 June, 2021 Privy Council rules on public policy and illegality in international arbitration 

On Monday 14 June 2021, the Privy Council handed down judgment in Betamax Ltd v State Trading Corporation (Mauritius) [2021] UKPC 14. The case has important ramifications for the extent to which a court can set aside or refuse to enforce an international arbitration award on the basis that it conflicts with public policy. The appeal was brought […]

10 June, 2021 Phoenix Interior Design v Henley Homes: contractual completion, incorporation of terms, UCTA reasonableness

On 9 June 2021, Freedman J handed down judgment in Phoenix Interior Design Ltd v (1) Henley Homes Plc and (2) Union Street Holdings Ltd [2021] EWHC 1573 (QB), which was tried over two weeks in the Queen’s Bench Division. The case concerned interior design services supplied by the Claimant for the refurbishment and fitting […]

10 June, 2021 Lord Millett

The members of Essex Court Chambers regret to announce with the greatest sadness that Lord Millett passed away on 27 May 2021. Lord Millett was a Judge of the Chancery Division of the High Court from 1986 to 1994, a Lord Justice of Appeal from 1994 to 1998 and a Lord of Appeal in Ordinary […]

4 June, 2021 Guidance on mandatory interlocutory relief in Anti-suit injunctions

Freedman J has today given judgment in relation to an anti-suit injunction sought in Bilal Khalifeh v. Blom Bank S.A.L. [2021] EWHC 1502. These proceedings concern an attempt by a depositor in a Lebanese bank to obtain repayment of the credit balances of his US$ accounts with the bank.  The exclusive jurisdiction of the English […]

28 May, 2021 Cum-ex claims struck out

On 27 May 2021 the Commercial Court handed down judgment in TP ICAP Ltd v Nex Group Ltd [2021] EWHC 1375 (Comm), striking out large parts of a claim for breach of warranty, indemnities and declaratory relief relating to the acquisition by Tullett Prebon of the voice broking business of ICAP plc, said to arise out […]

28 May, 2021 Territorial Jurisdiction of Employment Tribunal

On 25 May 2021, Eady J handed down judgment in Partners Group (UK) Limited and Partners Group (USA) Inc v Mulumba. The appeal was against a judgment of Employment Judge Nicolle finding that the Employment Tribunal (“ET”) had territorial jurisdiction over a claim brought by Ms Mulumba for discrimination, unfair dismissal and whistleblowing. Ms Mulumba […]

27 May, 2021 Court of Appeal judgment in Heathrow WTO law and VAT case

The Court of Appeal has handed down judgment in Heathrow Airport Ltd & Ors v Her Majesty’s Treasury & Comrs for HM Revenue & Customs (Rev 1) [2021] EWCA Civ 783. The case, which was listed in The Lawyer’s Top 20 Cases for 2021, concerned a judicial review of the HMRC’s and the Treasury’s decision […]

27 May, 2021 Diplomatic Immunity and ECHR

A Divisional Court, comprised of the President of the Family Division and Sir Duncan Ouseley, handed down its judgment on London Borough of Barnet v AG & Ors [2021] EWHC 1253 (Fam), concerning the question whether certain provisions of the Diplomatic Privileges Act 1964 are compatible with the European Convention on Human Rights. The London Borough […]

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