In an arbitration award made on 31 January 2024 (agreed by the parties to be public), Sir Richard Aikens ruled in favour of 300+ hairdressing salon owners on wording which referred to “an emergency likely to endanger life or property.” Sir Richard disagreed with the assumption of the Divisional Court in the FCA test case […]
News & publications
Joe Smouha KC’s term as Head of Chambers ended on 31 January 2024. We owe him a profound debt of gratitude for his tireless work and unswerving commitment as joint Head of Chambers, first with Huw Davies KC and then with Richard Millett KC, over the last four years. He continues in full time practice as a member of Chambers. Richard Millett KC and Paul […]
As was widely reported in the media last week, some £75m of assets linked to Baroness Mone and her husband Douglas Barrowman were frozen under a restraint order granted under s41 of the Proceeds of Crime Act 2002 in December 2023. The assets include real property in London, Scotland and the Isle of Man as […]
At the conclusion of the appeal hearing in UniCredit Bank AG v. RusChemAlliance LLC last Thursday, the Court of Appeal (Bean, Males & Lewis LJJ) allowed the bank’s appeal on jurisdiction and stated that it would grant final anti-suit injunctive relief in respect of the respondent’s unlawful pursuit of proceedings in the Russian Federation. The […]
On Friday 26 January, Mr Justice Jacobs handed down judgment in the latest round of the COVID-19 BI insurance test cases, this time on Prevention of Access clauses, in Gatwick Investment Ltd v Liberty Mutual Insurance [2024] EWHC 124 (Comm). The Court addressed a host of preliminary issues in a lengthy judgment, concluding, among other things, […]
Seeing the wood for the trees:Developments in deforestation legislation and litigation Authors: Naomi Hart and Grace Ferrier Click to download PDF Introduction Forests play a critical role in maintaining our planet’s health, providing clean air, purifying waters and soils and acting as an important natural brake on the rate of climate change by sequestering and storing […]
Mrs Justice Dias handed down judgment on 19 January 2024 in Border Timbers Ltd v. Republic of Zimbabwe [2024] EWHC (Comm) [2024] EWHC 58 (Comm), considering State immunity in the context of enforcement of ICSID arbitral awards. The judgment declines to follow a body of English and international authority on whether the ICSID Convention constitutes […]
His Majesty The King on the advice of the Lord Chancellor following consideration by the independent KCA Selection Panel has announced the results of the King’s Counsel appointments today. Two members of Essex Court Chambers have been appointed: David Peters and James Sheehan. The members of Essex Court Chambers warmly congratulate both members on their […]
Environmental harm and the OECD NCP complaints process:the road increasingly travelled Authors: Naomi Hart and Daniel Fox Click to download PDF Challenging corporate behaviours by way of complaints – to OECD National Contact Points for Responsible Business Conduct (“NCPs”) – alleging breach of the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct (“the Guidelines”) has […]
The Kingdom of Norway has successfully defended the first known investor-State claim brought against it. Peteris Pildegovics and SIA North Star, Latvian claimants, argued that Norway had violated the BIT between Latvia and Norway in relation to alleged investments of the claimants in snow crab harvesting licenses and harvesting vessels, among others. The claimants also […]
Five cases involving thirteen members of Essex Court Chambers are featured in The Lawyer’s Top 20 Cases with proceedings set to be heard in court during 2024. 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 […]
Judgment has been handed down by Waksman J in the latest stage of ENRC v Dechert, Mr Gerrard, and the SFO (the “Phase 1A Judgment”). The Phase 1A Trial – which was heard over two weeks in March 2023 – addressed certain issues of causation, loss, and contribution following the Phase 1 Trial and Phase […]
