In an ex tempore judgment given on 31 August 2023, Mr Justice Bryan sitting remotely in the Commercial Court granted an interim negative anti-suit injunction (‘ASI’ for short) under section 37 of the Senior Courts Act 1981 to enforce the applicant’s foreign-seat arbitration rights in the context of civil proceedings commenced by the defendant against the claimant […]
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At a hearing on 7 September 2023, the Court of Appeal (Nugee, Snowden, Falk LJJ) allowed an appeal by the claimant against the decision of Mr Justice Bright to refuse an interim anti-suit injunction (ASI) under s.37 of the Senior Courts Act 1981. The case concerns an arbitration agreement presumptively governed by English law which […]
On 20 September 2023, the Supreme Court handed down judgment in Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) & Ors [2023] UKSC 32. The Supreme Court (Lords Hodge, Lloyd-Jones, Hamblen, Leggatt and Richards) unanimously allowed the Republic of Mozambique’s appeal, in long-running and complex litigation of an alleged c. US$2 billion fraud, which has become known as the “tuna […]
Members of Essex Court Chambers are deeply saddened to announce that Professor Alan Boyle passed away peacefully today. Alan became Professor of Public International at the University of Edinburgh in 1995 and joined Essex Court Chambers in 2005. He was widely recognised as one of the leading figures in international environmental law and the law […]
On 18 July 2023, Charlesworth J of the Federal Court of Australia handed down judgment in Barngarla Determination Aboriginal Corporation RNTBC v Minister for Resources [2023] FCA 809. The claim consisted of a challenge to the constitutional validity of the National Radioactive Waste Management Act 2012 (Cth) (“the NRWM Act”), as well as two applications […]
Members of Essex Court Chambers are delighted to announce that chambers and members have been shortlisted for six awards at the Chambers UK Bar Awards 2023. The awards recognise sets of chambers and members who are at the top of the profession as identified by extensive objective research. Essex Court Chambers has been shortlisted as […]
Climate Change Law Conference 2023 Session 3: The Aviation Impact Accelerator and scientific and legal issues of carbon measurements / causation Author: Olivier Swain – Hogan Lovells Click to Download PDF The third session in the Climate Change Law Conference was presented by Professor Tony Purnell, Graham Dunning KC and Dr Marion Palmer. Professor Purnell […]
On 24 August 2023, Mr Justice Robin Knowles CBE granted an interim negative anti-suit injunction (‘ASI’ for short) to enforce the arbitration rights of the claimant as a matter of English law in the context of civil proceedings commenced against it by the defendant in the Arbitrazh Court in the Russian Federation. Those first-seised substantive […]
Overview The recent decision in SQD v. QYP [2023] EWHC 2145 (Comm) brings into focus the role of the English court when asked to grant anti-suit injunctive (‘ASI’) relief to enforce an arbitration agreement which specifies a foreign seat. The case concerns an arbitration agreement presumptively governed by English law which specifies Paris as the […]
Climate Change Law Conference 2023 Session 2: Using International law in climate change cases Author: Grace Ferrier Click to Download PDF INTERSTATE PROCEEDINGS BEFORE INTERNATIONAL COURTS AND TRIBUNALS Amy Sander considered the nature and effect of advisory opinions relating to climate change issued by international courts and tribunals. There have been three advisory proceedings, all instituted […]
Climate Change Law Conference 2023 Session 1: Climate Change in commercial disputes: implications for director’s duties, insurance coverage and greenwashing claims Author: Emmie Le Marchand – Hogan Lovells Click to Download PDF The first session in the Climate Change Law Conference hosted at Hogan Lovells featured four speakers from Essex Court Chambers, considering areas within […]
On 1st September 2023, the Court of Appeal handed-down judgment in The MSC Flaminia (No. 2) [2023] EWCA Civ 1007, upholding the decision of Mr Justice Andrew Baker ([2022] EWHC 2746 (Admlty)) albeit on different grounds. The case arises from a casualty on board the MSC Flaminia on 14th July 2012 while the ship was in mid-Atlantic en route from Charleston, […]
