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14 July, 2020 In court this week: Dispute concerning the Forties Pipeline System between Apache and Ineos.

Apache has bought a claim against the pipeline operator Ineos, claiming that Ineos is not entitled to require an increase in the tariff payable by Apache for the transportation of North Sea oil through Ineos’ pipeline system from 2021.  Ineos argues that it is acting reasonably in circumstances where Apache wishes to use the pipeline […]

26 June, 2020 Enka v Chubb: Expedited Appeal to Supreme Court

In an important case for English arbitration law, the Supreme Court will hear an expedited appeal at the end of July 2020 against the recent judgment of the Court of Appeal in Enka v Chubb [2020] EWCA Civ 574. The Supreme Court will consider two fundamental issues: the correct approach as a matter of English […]

17 June, 2020 FCA Test Case on Business Interruption Coverage Issues During Covid-19 Crisis

Three members of chambers are involved in the test case to determine whether Business Interruption (BI) wordings respond to coronavirus-related losses. The FCA are seeking legal clarity on the proper meaning and effect of certain BI insurance wording during the Covid-19 crisis. Proceedings were commenced last week in the Commercial Court. A Case Management Conference […]

16 June, 2020 Court of Appeal finds that failure to shift burden of proof in employment claim does not mean claim lacked reasonable prospect of success

On 11 June 2020, the Court of Appeal handed down judgment in the case of Tabidi v British Broadcasting Corporation [2020] EWCA Civ 733. The appeal arose out of the unsuccessful application by the Appellant, Mr Tabidi, for employment as a Broadcast Journalist with the BBC. Mr Tabidi claimed that the BBC had unlawfully discriminated […]

16 June, 2020 Contempt of Court Allegation Struck out as an Abuse of Process

In a brief oral ruling given on 10 June 2020 (with a written judgment to be handed down at a later date), Andrew Baker J struck out as an abuse of process the committal application brought by Mr Vladimir Chernukhin and Navigator Equities Limited  against Mr Oleg Deripaska. Andrew Baker J found that the Claimants […]

8 June, 2020 Barclays found to have waived privilege before commencement of major “hybrid” trial in the Commercial Court

In a Judgment delivered on 1 June 2020, Waksman J found Barclays Bank Plc (“Barclays”) to have waived privilege in legal advice given by its internal and external lawyers in respect of agreements entered into in 2008, as part of events which form the basis of a claim in deceit brought against Barclays by PCP […]

4 June, 2020 Jane Russell considers the High Court decision in Infederation.

Jane Russell with Katie Mahoney from Doyle Clayton have featured in the June edition of the ELA Briefing. Their article considers the High Court decision in Infederation, which ruled on an application for a confidentiality ring and provided a reminder that solicitors should not necessarily be satisfied by their client’s view that open inspection of […]

2 June, 2020 V.V. Veeder QC Memorial Volume: ICCA Congress Series

ICCA has today announced the online publication of the V.V. Veeder QC Memorial Volume: ICCA Congress Series. An esteemed member of the ICCA community and wider international arbitration community, Johnny Veeder passed away on 8 March 2020.  Johnny is remembered by his colleagues in the arbitration world for his immense generosity of spirit and profound […]

2 June, 2020 Lalive Merryman Fellowship

Chambers is delighted to announce that Luke Tattersall has been awarded the 2020 Lalive Merryman Fellowship for the best article published in the International Journal of Cultural Property (Cambridge University Press). The annual fellowship was established by the University of Geneva’s Art-Law Centre and the International Cultural Property Society in honour of Professors Pierre Lalive […]

28 May, 2020 Court grants judicial review of Northern Irish decision

By an Order of 27 May 2020, Mrs Justice Keegan sitting in the High Court in Belfast overturned a decision of the Department of Agriculture, Environment and Rural Affairs in Northern Ireland in Barnwell Farms Limited, Re Judicial Review [2020] NIQB 28 and remitted it to the Department. The Department operated a two-stage appeals process […]

18 May, 2020 Commercial Court considers continuing effectiveness of “Italian Torpedo” actions under the Lugano Convention

Waksman J recently handed down judgment in Mastermelt Limited v Siegfried Evionnaz SA [2020] EWHC 927 (QB), the first English authority to consider whether the ‘court first seised’ rule under the Lugano Convention is affected by new provisions introduced into the Brussels Recast Regulation where there is an exclusive jurisdiction clause in favour of another […]

13 May, 2020 Arcelormittal judgment: $1.5billion Arcelormittal freezing order application dismissed in High Court

By judgment delivered on 30 March 2020 Mr Justice Henshaw dismissed the attempt of the Arcelormittal Group (“AMUSA”) to obtain a freezing order – exceptionally sought on notice – in the sum of US$1.5 billion against the assets of a holding company within the Essar Steel conglomerate, together with the assets of one of its […]

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