On 15 February 2019, the Court of Appeal handed down judgment in Henderson Administration Ltd v Pease [2019] EWCA Civ 158 allowing an appeal by Henderson against the order made following trial in the Chancery Division. The judgment considers the general principle of English contract law that where an obligation can be performed in different ways it is ordinarily for the obligor to choose the method of performance. The Court of […]
The Court of Appeal handed down a reserved judgment on Friday 8 February 2019 in Dinglis Management Ltd. & another v. Dinglis Property Ltd. [2019] EWCA Civ 127 after a hearing over three days in October 2018. David Richards, Asplin and Jonathan Baker LJJ allowed both appeals against the decision of HHJ Simon Barker QC […]
On 6 February 2019, the Court of Appeal gave judgment on appeals in proceedings concerning claims brought (i) by British American Tobacco (BAT) against a French listed conglomerate (Sequana) (the BAT claim), and (ii) by BAT’s subsidiary (BTI) against Sequana’s wholly owned subsidiary (AWA), its directors and Sequana (the BTI claim), in relation to dividends […]
Paul Key QC has been named International Arbitration Silk of the Year at The Legal 500 UK Awards 2019, which took place last night at Guildhall. The full list of winners can be seen here.
In a reserved written judgment handed down on 31 January 2019 in R (oao Tony Michael Jimenez) v (1) First Tier Tax Tribunal & (2) HMRC [2019] EWCA [2019] EWCA (Civ) 51, the Court of Appeal has confirmed that HMRC has power to serve a notice requiring the provision of information on a taxpayer who […]
In a reserved judgment handed down on 31 January 2019 in AssetCo plc v Grant Thornton [2019] EWHC 150 (Comm), Mr Justice Bryan awarded substantial damages to the Claimant arising from the Defendant’s breaches of duty as the Claimant’s auditors for the financial years 2009 and 2010. The judgment addresses a number of legal issues, […]
Louise Hutton has been identified by The Lawyer as one of its “Hot 100”, in the list released today. The annual Hot 100 list recognises the best lawyers in the UK from in-house, private practice and the Bar. Singled out for her presence in the banking and finance, fraud and insolvency markets, she is also […]
In a reserved judgment handed down on 18 January 2019 in General Dynamics UK Ltd v. Libya [2019] EWHC 64 (Comm), Lord Justice Males (sitting in the Commercial Court) set aside an order made by Teare J dispensing with the need for service of arbitration enforcement proceedings on the State of Libya. In a reserved […]
The Supreme Court today hears argument in Egon Zehnder v Tillman, as to the application of restraint of trade principles in shareholder restraints, the proper approach to construction of covenants in restraint of trade, and as to the doctrine of severance. It is the first employee competition case to be considered by the House of […]
Four cases involving members of Essex Court Chambers are featured in The Lawyer’s Top 20 cases with proceedings set to be heard in court during 2019. The list includes cases with the most significant sums in dispute as well as disputes involving high profile parties or issues. The cases involving members of Essex Court Chambers […]
In December 2018, Middle Temple Parliament approved the appointment of Andrew Hochhauser QC as Deputy Treasurer Elect for Middle Temple for 2019. This means he will be Treasurer in 2021.
From 1st January 2019, any party commencing or continuing proceedings in the Commercial Court will have to be aware of the Disclosure Pilot Scheme. The changes to the disclosure regime contained in the Pilot are extensive and David Walsh gives an overview of them in this briefing note: The New Disclosure Pilot in the Commercial […]
