Article by Paul McGrath QC, Essex Court Chambers and Bernard O’Sullivan, Olswang LLP in which they take a practical look at how litigators can use an application for or threat of committal and other sanctions as a tactic to dispose of litigation, published by Practical Law. The expense of international commercial fraud litigation has encouraged […]
News & publications
Assuranceforeningen Gard Gjensidig v. The International Oil Pollution Compensation Fund 1971 [2014] EWHC 1394 (Comm). Gard sought a freezing order against the 1971 Fund in support of Venezuelan proceedings and in respect of proceedings commenced in the Commercial Court. The 1971 Fund claimed immunity from the jurisdiction of the Court pursuant to the UK-1971 Fund Headquarters Agreement […]
The Queen (on the Application of Newby Foods) v. Food Standards Agency (No. 7) [2014] EWHC 1340 (Admin) The Administrative Court considered an application made against the European Commission on the ground of breach of the principle of loyal cooperation. The Court clarified the scope of the principle of sincere cooperation in the context of […]
This year The Lawyer is celebrating the twentieth year of its annual awards which commends excellence in the profession across private practice, the public sector, commerce and industry, and the Bar. In the shortlist just published, Essex Court Chambers, runners up in 2013, is nominated once again for “Chambers of the Year”; David Foxton QC […]
[2014] EWHC 1201 (Comm)] The Commercial Court has upheld a claim for a total sum of $18.4m against 3 founders of the metals and mining business, ENRC Plc. The claim was for fees due in respect of two substantial corporate finance transactions and was decided following a 3 week trial. Read the full judgment. Daniel […]
Toby Landau QC was named the “Who’s Who Legal” Lawyer of the Year for Arbitration at the “Who’s Who Legal” awards ceremony in New York on 31st March 2014. In addition, Essex Court Chambers was recognised in the Country and State Awards categories, picking up the “English – Set” award. Toby Landau and Essex Court […]
Ergo Versicherung AG has successfully defended a claim for English levels of tort damages in respect of a tort which occurred in Germany. Dismissing the appeal, the Supreme Court distinguished the earlier decision in Harding v. Wealands on the basis that that case turned on the NSW tort damages rules constituting a package of rules […]
Toby Landau QC and Jessica Wells, instructed by Kieron O’Callaghan and Ben Hornan of Hogan Lovells London, represented Norwegian state oil company Statoil in the defence of the application by the Algerian state oil company Sonatrach to set aside an ICC award. Mr Justice Flaux dismissed the application in the English Commercial Court and upheld […]
The crisis in Crimea has led to EU economic sanctions listing Russian individuals involved in Russia’s bid to absorb the peninsula. The aim is to force Russia to change course. Germany’s Chancellor Merkel is reported as saying that the EU has listed different individuals to the US because the EU is bound by the requirement […]
Paul McGrath QC’s second edition of “Commercial Fraud in Civil Practice”, just published by the Oxford University Press (OUP), builds on the excellent reputation earned by the first as a comprehensive and practical work focussing on civil law claims and remedies. As well as attracting very favourable reviews, the first edition has been most recently […]
Second edition The only book to bring together all the elements of law and practice that must be considered by commercial fraud litigators Contains substantial treatment of the use and abuse of trusts in commercial fraud User-friendly approach includes a summary of critical elements at the start of each chapter This new edition includes a […]
When faced with fresh upheaval in the world, the first “weapon” the EU reaches for today are the so-called “targeted” sanctions. Though there is a significant overlap between traditional sanctions falling short of a full trade embargo, e.g. those which prohibit dealings in a commodity such as petroleum with specified states, the innovation presented by […]
