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Cases Commercial Disputes

Winslet v Gisel [2021]

Judgment Date: 23 Apr 2021

Despite the fact that the UK has now left the EU, issues concerning the interpretation of EU regulations will continue to affect litigants in this jurisdiction for some time to come. Alec McCluskey recently represented a claimant seeking to obtain repayment of interest-free loans made in England to a resident of France, relying on the provisions in the Withdrawal Agreement between the UK and the EU which continue to apply Regulation (EU) 1215/2012 (the Brussels Regulation Recast) to actions commenced before the end of the Brexit transition period.

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WWRT Limited v Tyschenko & Tyschenko [2021] EWHC 939 (Ch)

Judgment Date: 21 Apr 2021

The High Court considered the interplay between the Brussels Recast Regulation (“BRR”) and the approach of modified universalism to international insolvency proceedings in the course of continuing a worldwide freezing injunction, dismissing a jurisdiction challenge and ordering further disclosure and cross-examination in support of the worldwide freezing injunction. Although this will be one of the last ever cases concerning the BRR, it is an important reminder of the effect Owusu v Jackson [2005] QB 801 when a finding of domicile is made and would be of particular significance should the United Kingdom accede to the Lugano Convention.

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Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd (2020)

Judgment Date: 13 Nov 2020

Richard Fowler acted for the successful appellant landlord, Sara, before the Court of Appeal and at first instance in a dispute over service charges claimed pursuant to a “conclusive certification” clause in leases of commercial premises. The reasoning of the Court of Appeal’s judgment is also applicable in the wider context of “conclusive certification” and “conclusive evidence” provisions in commercial contracts, including guarantees.

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Maroil Trading Inc v Cally Ship Holdings Inc [2020] EWHC 3041 (Comm)

Judgment Date: 27 Oct 2020

Thomas Grant QC and Thomas Fletcher were instructed by Grosvenor Law on behalf of the Claimants (“Maroil”) in respect of an application for security for costs made by the Defendants (“Novoship”). The application raised an important point of principle on when a claimant should be ordered to provide security for a defendant’s costs of an additional claim brought against a third party, including security for the defendant’s costs exposure to that third party.

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UK College of Business & Computing Ltd v Bath Spa University [2020] EWHC 2157 (Comm)

Judgment Date: 20 Jul 2020

Thomas Grant QC, Narinder Jhittay, Ryan Turner, and Charles King were instructed by Berkeley Rowe International Lawyers in a commercial dispute in the Circuit Commercial Court on behalf of the UK College of Business & Computing. At the outset, Thomas Grant QC and Ryan Turner successfully obtained an interim injunction to restrain the defendant, Bath Spa University, from acting on its purported termination of a long-term services contract with the claimant in the midst of the pandemic. Thomas Grant QC then led Narinder Jhittay, with further assistance from Charles King, for the expedited trial of the proceedings, which settled on confidential terms shortly prior to the commencement of the hearing.

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LB Holdings Intermediate 2 Ltd (In Administration), Re Lehman Brothers Holdings Plc (In Administration)

Judgment Date: 03 Jul 2020

The court determined the priority of competing claims under subordinated loan agreements and subordinated loan notes in the administration of two Lehman Brothers companies in which the claims of unsecured unsubordinated creditors had all been paid.

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Alibrahim v Asturion Foundation (2020)

Judgment Date: 24 Jan 2020

The Court of Appeal has provided authoritative guidance on the abuse of process known as “warehousing” in its first judgment on the subject for almost 20 years. David Mumford QC and James Kinman appeared for the successful respondent.

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HML PM Ltd v Canary Riverside (2019)

Judgment Date: 17 Dec 2019

Thomas Grant QC and Ryan Turner, acting on behalf of the owners of the Canary Riverside development, have successfully resisted an application for an injunction to control the use of documents over which the applicant asserted confidentiality and legal professional privilege.

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SL Claimants v Tesco PLC (2019)

Judgment Date: 28 Oct 2019

An investor who held securities in dematerialised form through a chain of intermediaries had an equitable property right amounting to an "interest in securities" and was entitled to make a compensation claim under the Financial Services and Markets Act 2000 s.90A for losses incurred as a result of reliance on untrue or misleading information published by the issuer.

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Members
David Mumford QC

Practice areas
Commercial Disputes

Cepia HK Ltd v Character Group Plc (2016)

Judgment Date: 08 Dec 2016

A share option agreement between a Hong Kong toy manufacturer and a UK distributor was expressed to be conditional upon the distribution arrangements between the parties continuing up to the date on which the option was exercised. The manufacturer's action in rescinding the distributor's invitation to a toy fair made it clear that it regarded the relationship between the parties as being at an end and thus invalidated the option agreement.

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GBM Minerals Engineering Consultants Ltd v GBM Minerals Holdings Ltd (2015)

Judgment Date: 21 Oct 2015

The court granted a claimant and a defendant permission to amend their pleadings seven weeks before trial. It emphasised that the circumstances of their case, involving alleged dishonesty and permission to issue proceedings for contempt, were almost unique. Trial dates set down in the Technology and Construction Court would very rarely be vacated, and only on the most compelling grounds.

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Members
Duncan McCombe

Practice areas
Commercial Disputes

Christopher O’Brien v (1) Jonathan Michael Goldsmith (2) Hayden Joshua Chittell (2015)

Judgment Date: 18 May 2015

The court exercised its discretion to set aside a judgment entered in default of defence, notwithstanding the lack of any good reason for failure to file a defence, on the basis that the defendant had a reasonable prospect of successfully defending the claim on new grounds of appeal which had not been before the court which entered the default judgment.

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Practice areas
Commercial Disputes

Chelsfield Advisers LLP v Qatari Diar Real Estate Investment Co (2015)

Judgment Date: 15 May 2015

An agreement to enter into a management agreement for a property development did not contain an implied term that it would only continue in existence for so long as a relationship of mutual trust and confidence subsisted between the parties. There was no authority supporting the implication of such a term in that class of contract.

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Members
John McGhee QC

Practice areas
Commercial Disputes

(1) David Halberstam (2) Shoshana Stern v Gladstar Ltd (2015)

Judgment Date: 29 Jan 2015

The court refused to grant an interim order for delivery up of various valuable items which had been seized by court enforcement officers pursuant to a writ of delivery. The claimants had not established that there was a serious issue to be tried. Furthermore, they could not assert that the claim for interim relief had been compromised on the basis of a witness statement which the defendants had served in error, which wrongly stated that the defendants had made an offer of settlement.

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Members
Laurie Scher

Practice areas
Commercial Disputes

Sibir Energy Ltd & Ors v Slocom Trading Ltd (& Ors) (2014)

Judgment Date: 17 Jun 2014

There had been no errors of law or unsustainable findings in a judge's ruling in favour of the claimants in their claim for breach of contract.

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Members
Benjamin John

Practice areas
Commercial Disputes

T&L Sugars Ltd v Tate & Lyle Industries Ltd (2014)

Judgment Date: 10 Apr 2014

CPR r.7.5 and CPR r.6.14 drew a clear distinction between the date when service was effected, and the date upon which it was deemed to have taken place. Service was effected when the step required by r.7.5 was completed, and it was the completion of that step which constituted actual service.

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Practice areas
Commercial Disputes

Blueco Ltd v BWAT Retail Nominee (1) Ltd and other companies (2014)

Judgment Date: 21 Feb 2014

A judge had been entitled to adopt a literal construction of the terms of a pre-emption right in a management lease.

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Amarjit Singh Banwaitt v Mohamed Dewji (2014)

Judgment Date: 06 Feb 2014

A judge had been entitled to order rescission of an agreement to invest in a failed scheme for the purchase of land in Cambodia on the basis that the investor had been induced to enter into the agreement by fraudulent misrepresentation.

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Members
Edmund Cullen QC

Practice areas
Commercial Disputes

Cifal Groupe SA & Ors v Meridian Securities (UK) Ltd & Ors (2013)

Judgment Date: 15 Nov 2013

An order for service of a claim out of the jurisdiction was set aside where the claimants failed to demonstrate that their claim for breach of an alleged oral contract had a real prospect of success. In cases concerning oral contracts the court expected the claimant to adduce evidence identifying the individuals who made the agreement, and to give some account of what happened at the meeting in question.

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Members
Richard Morgan QC

Practice areas
Commercial Disputes

Docker v Rose (2013)

Judgment Date: 31 Oct 2013

Where the conduct of the sale of a property pursuant to a consent order had passed from the wife of a bankrupt to his trustee in bankruptcy, the trustee was entitled, on the correct interpretation of the consent order, to a smaller amount from the proceeds of sale.

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Practice areas
Commercial Disputes

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