Judgment was handed down on Friday 15 March 2019 in Bank Mellat v Her Majesty’s Treasury [2019] EWCA Civ 449. Lord Justices Gross, Peter Jackson and Coulson, sitting in the Court of Appeal, dismissed the appeal in favour of the Respondents (HMT), and upheld the decision of Mrs Justice Cockerill dated 19 September 2019, requiring […]
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In Lehman Brothers Finance AG v Klaus Tschira Stiftung GmbH [2019] EWHC 379 (Ch), Snowden J was asked to resolve a series of questions concerning the determination of “Loss” following an “Automatic Early Termination Event” under the ISDA Master Agreement (1992 Multicurrency-Cross-border form). The main issues related to the date by reference to which the determination of […]
An independent review has been published on how effectively the fit and proper person test prevents unsuitable board directors from being redeployed or re-employed in health and social care settings. Tom Kark QC and Jane Russell were commissioned to undertake the review by Stephen Barclay MP, following the findings of Dr Bill Kirkup who examined […]
Judgment was handed down on Thursday 28 February 2019 in Cargill International Trading Pte Ltd v Uttam Galva Steels Ltd [2019] 2 WLUK 473. Mr Justice Bryan, sitting in the Commercial Court, granted summary judgment in favour of the claimant and held that Cargill was entitled under the terms of a contract to default interest […]
In a reserved judgment handed down on Friday 1 March 2019 in Aqaba Container Terminal (PVT) Co. v. Soletanche Bachy France SAS [2019] EWHC 471 Comm, Mr Justice Robin Knowles sitting in the Commercial Court upheld the claim by claimant (ACT) seeking declaratory and final anti-suit injunctive relief against the defendant (SB) in respect of […]
In this case note Graham Dunning QC, Jern-Fei Ng QC and Adam Woolnough examine the decision of the Commercial Court in Iranian Offshore Engineering and Construction Company v Dean Investment Holdings S.A. et al [2019] 1 WLR 82 regarding the Claimant’s reliance on the “presumption” or “evidential assumption” under English law that in the absence of satisfactory evidence of […]
In this article Iain Quirk examines the decision of the Court of Appeal in Dinglis Management Ltd and another v Dinglis Properties Ltd, allowing the appellants’ appeal against a High Court decision that the first appellant company was liable to account as agent for the respondent company and that the second appellant was liable to […]
Ciaran Keller discusses the practical implications of the judgment in BTI 2014 LLC v Sequana SA and others, BAT Industries plc v Sequana SA and another, which clarifies, with respect to a lawful dividend payment, when remedial relief under section 423 of the Insolvency Act 1986 (IA 1986) may be granted and when directors’ duties […]
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.
