In Orexim Trading Limited v MPT and Zen (judgment delivered on 13 July 2018) a Court of Appeal (Gross, Lewison and Leggatt LJJ) decided that the Court had power to order service of a claim under section 423 out of the jurisdiction pursuant to paragraph 3.1 (20) of PD 6B. In this respect, the Court […]
News & publications
Jessica Wells and Benedict Tompkins examine the issues raised in the recent High Court decision in The Alhani .
John Snider authors a case note on Seadrill Ghana Operations Limited v. Tullow Ghana Limited [2018] EWHC 1640 (Comm), in which he examines the limits of force majeure.
This article by Christopher Smith QC examines whether the combined effect of the decisions in Tiuta International Ltd v De Villiers Surveyors Ltd [2017] UKSC 77 and Swynson Ltd v Lowick Rose LLP [2017] UKSC 32 is that certain otherwise good claims would disappear into a legal black hole. The article also examines whether it might […]
In a reserved judgment handed down on 22 June 2018 in FSHC Group Holdings v. Barclays Bank plc [2018] EWHC 1558 (Ch), Mr Justice Henry Carr granted rectification of two accession deeds entered into by the claimant (parent company within the Four Seasons Healthcare group) and Barclays Bank (acting as Security Agent under the financing […]
In a judgment dated 8 June 2018 in Perkins Engines Co Ltd v. Ghaddar & another [2018] EWHC 1500 (Comm), Mr Justice Bryan granted an interim anti-suit injunction against the defendants in respect of proceedings commenced by them against the claimant in Lebanon. The sole issue before the court was the proper construction of a […]
In a judgment handed down on 30th May 2018 in Antrix Corporation Ltd. Vs Devas Multimedia Pvt Ltd., a Division Bench of the Delhi High Court speaking through Mr Justice S. Ravindra Bhat addressed a “number of interesting questions” with respect to the Indian Arbitration Act. In particular, whether the Delhi High Court has exclusive […]
In a judgment handed down today in Nori Holdings Ltd & others v. Public Joint-Stock Company << Bank Otkritie Financial Corporation >> [2018] EWHC 1343 (Comm), Mr Justice Males addresses “some interesting questions” relating to the court’s power to grant an anti-suit injunction (‘ASI’) in respect of foreign proceedings, including those pending before the courts […]
Richard Jacobs QC, former co-Head of Essex Court Chambers, has been appointed as a Justice of the High Court. Richard is appointed with effect from 25 June 2018 and will be assigned to the Queen’s Bench Division as a nominated judge of the Commercial Court. The new Mr Justice Jacobs will be sworn in by the […]
This article by David Foxton QC challenges the judicial interpretation of s. 213 Insolvency Act 1986, which has created a species of accessory liability of striking width and imprecision. It argues that s.213 was never intended to apply to outsiders transacting with the company, and that the two key concepts of “carrying on business” and being “knowingly party” […]
Essex Court Chambers’ Richard Hoyle joined Paul Worth (Co-Head of Litigation, Eversheds Sutherland), Taryn Auchecorne (Business Development Director, Opus2 International) and Tom Spender (General Counsel for Litigation, Regulatory and Competition, Lloyds Banking Group) on a panel at the Legal Business Commercial Litigation Summit 2018, to discuss the theme ‘Technology in court – Will it ever […]
Philippa Hopkins QC and David Walsh provide a case summary on the Supreme Court’s judgment in Navigators Insurance Co Ltd & ors v Atlasnavios-Navegacao LDA. The case represents the latest word on the scope of cover for losses caused by malicious acts and the exclusion for losses caused by customs infringements under the Institute War […]
