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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
The BVI Commercial Court has set aside ex parte orders obtained by Tethyan Copper Company Pty Limited (“Tethyan”) recognising and partially enforcing a US$6bn ICSID Arbitration Award (Case No. ARB/12/1) against the Islamic Republic of Pakistan (“Award”). In December 2020, Tethyan obtained ex parte orders against the Islamic Republic of Pakistan and other respondents, including […]
On Friday 21 May the Court of Appeal handed down judgment in Lenkor Energy Trading DMCC v. Puri [2021] EWCA Civ 770. The Claimant (“Lenkor”) sought to a enforce a Dubai judgment against the Defendant (“Mr Puri”). The Dubai judgment held Mr Puri personally liable in the sum of about AED123m (about $34m) for drawing […]
On 29 April 2021 Mr Justice Calver granted an interim anti-suit injunction in favour of the claimant and also permission to serve out and for alternative service. The judgment has been published as ZHD v SQO [2021] EWHC 1262 (Comm). The order gives effect to the arbitration clause incorporated into a bill of lading and […]
Judgment in SFO & Anr v Litigation Capital Ltd & 46 Ors (In re Gerald Martin Smith) was handed down by Mr Justice Foxton on 18 May 2021 (the “Trial Judgment”) following a seven week fully remote trial which took place between January and March 2021. Foxton J also handed down a substantial judgment on […]
