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 […]
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This case note, written by Nathan Pillow QC and Wei Jian Chan, discusses the recent High Court decision in Accident Exchange Ltd v McLean [2018] EWHC 23 (Comm). This case raises two key points. First, it establishes that when determining whether an innocent client should lose privilege as a result of iniquity perpetrated by a […]
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 […]
This paper, by David Foxton QC and Colin Liew, provides an update on the issue of “privilege”, which in broad terms is concerned with the issue of when a document has a “privileged” or “special status” such that it cannot be called for or deployed by another party. It considers recent case law in both jurisdictions […]
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 […]
This paper, written by David Foxton QC with the assistance of Professor Goh Yihan, and presented by them at them at the Singapore Academy of Law on 9th January 2019, reviews a number of issues concerning the rule against the recovery of reflective loss, surveying case law from England, Singapore, Hong Kong and other common […]
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 Court An […]
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 […]
