In Interdigital Technology Corporation & Ors. vs. Xiaomi Corporation & Ors, the Delhi High Court was the first court in India to deal with the issue of an anti-execution injunction. The novelty of the issue was highlighted by HMJ Harishankar at paragraph 82 of the judgment: “The tests which would govern consideration of an application […]
News & publications
On 6 May 2021, the Court of Justice of the European Union (First Chamber) (“CJEU”) gave judgment in Case C-499/18 P Bayer CropScience AG and Others v European Commission. The case is the culmination of long-running litigation concerning neonicotinoid pesticides and their alleged effects on bees. The judgment is significant for what it says about […]
An article written by Nigel Eaton QC and Jeremy Brier, Essex Court Chambers The unprecedented legal restrictions on private and public life over the last year have inflicted untold damage on businesses, particularly in the entertainment, hospitality, and retail sectors. Unsurprisingly, those with business interruption cover have endeavoured to shift the economic pain of repeated lockdowns […]
Written by Bibek Mukherjee of Essex Court Chambers. Applicants seeking an interim injunction, such as worldwide freezing orders (“WFOs”), are conventionally required, as part of the ‘price’ of obtaining such orders, to furnish a cross-undertaking in damages to the Court. If the Court later finds that the order has caused loss to the respondent to […]
On 17 December 2020 the Lord Chancellor announced the results of the Queen’s Counsel appointments. Five members of Essex Court Chambers were appointed Queen’s Counsel. Whilst the 2021 silk appointment ceremony is currently delayed due to the pandemic, all members were appointed virtually on March 15 2021. Learn more about each of our new silks […]
Earlier this year judgment was handed down in Premier Cruises Ltd. v. DLA Piper Rus Ltd. [2021] EWHC 151 (Comm) (David Edwards Q.C.), the two defendant firms of solicitors, DLA Russia and DLA UK, both part of the DLA Piper group, sought a stay of the professional negligence claims brought against them by their former […]
The recent judgment of Foxton J in M v. N [2021] EWHC 360 (Comm) provides welcome clarification as to the circumstances in which the Court will make an order for alternative service of an arbitration claim form where the defendant is domiciled in a Hague Service Convention (HSC) country, or in a jurisdiction that is […]
The Commercial Court (Henshaw J) has given judgment in relation to the case of (1) Hulley Enterprises Limited, (2) Yukos Universal Limited, (3) Veteran Petroleum Limited v The Russian Federation [2021] EWHC 894. These proceedings concern the Claimants’ efforts to enforce in England high-profile arbitral awards handed down in 2014, in which the tribunal found […]
On 30 April 2021, Mr Justice Calver handed down judgment dismissing an application by the Fourth Defendant (“D4”) seeking further fortification of US$20m on the Claimants’ cross-undertaking in damages in PJSC National Bank Trust & anor v Boris Mints & ors [2021] EWHC 1089 (Comm). In June 2019, the Claimants obtained a WFO against D1-D4 […]
On 27 April 2021, Mr Justice Andrew Baker handed down judgment in the case of Skatteforvaltningen (the Danish Customs and Tax Administration) v Solo Capital Partners LLP & Ors [2021] EWHC 974 (Comm), following a four-day trial in March 2021. The case was featured in The Lawyer’s Top 20 cases of 2021. The case is […]
On Friday 23 April 2021, Mr Justice Calver sitting remotely in the Commercial Court granted final anti-suit injunctive relief, declarations, damages and indemnity costs in favour of the claimant in Louis Dreyfus Company Suisse SA v. International Bank of St.Petersburg (Joint Stock Company) (In Liquidation) [2021] EWHC 1039 (Comm). These expedited proceedings were commenced in […]
Judgment was handed down on 23 April 2021 by Mr Justice Butcher in the Commercial Court in Dynasty Company for Oil and Gas Trading Limited v (1) The Kurdistan Regional Government of Iraq; and (2) Dr Ashti Hawrami [2021] EWHC (Comm) 952. The case concerned a US$ 1.682 billion claim brought by Dynasty, an Iraqi oil and […]
