Summary Singularis Holdings Limited has succeeded in its claim to retain US$15 million from the proceeds of litigation against Daiwa Capital Markets Europe Ltd (“Daiwa”). This sum was claimed by the Defendant litigation funder, ChapelGate Credit Opportunity Master Fund Limited (“ChapelGate”), under the terms of its litigation funding agreement with...
Summary The High Court has given judgment in favour of film completion guarantors (represented by Edmund Cullen QC) who have successfully avoided a potential liability of over €18 million in what is said to have been one of the largest film completion guarantee claims to have been submitted. Facts The Claimants...
Test case concerning company restoration applications (as sole advocate).
Summary The Court of Appeal of the Eastern Caribbean Supreme Court has dismissed an appeal against the discharge of a Black Swan freezing injunction for want of jurisdiction over the second respondent, Dr Cho. In doing so, the Court of Appeal affirmed the applicability of the Privy Council’s judgment...
Summary The court declined to exercise its discretion under CPR r.3.1(7) to reconsider or vary various orders concerning the failure of a party in relation to information and pleadings, as the discovery of an order made in another jurisdiction was not a material change of circumstances and there had been...
Summary The court considered the principles upon which a costs order might be made against a third party where it was said that he was the driving force behind the litigation, and further considered whether it was appropriate to make an order for costs against a trustee company which was...
Summary Summary judgment was granted on a claim to enforce a personal guarantee in respect of a loan secured on a property where an assurance relied on by the guarantor, that the guarantee would not be enforced unless there was a shortfall after the property was sold, was not a...
Summary A claim brought by insolvent companies against a bank and its subsidiary for dishonest assistance and knowing participation in fraudulent trading, via the actions of its traders, was established where the evidence showed that the traders, contrary to their evidence, had been aware at all times that VAT was...