Facts The applicant Financial Conduct Authority sought a declaration as to whether the court's leave was required for the issue of a "warning notice" against the respondent company under the Financial Services and Markets Act 2000 s.92 and s.126.The respondent had been subject to a winding-up order. The declaration was...
Summary John McGhee QC and Maxim Cardew successfully appear for Prudential (the landlord) in a claim brought by EMI (the guarantor) in relation to a lease of valuable commercial premises on Oxford Street formerly occupied by HMV. Maxim also analyses the decision in an article, which can be found here....
Summary The Supreme Court has today delivered a landmark judgment on issues of equity and charity law. In Cooper v Lehtïmaki; Re The Children’s Investment Fund Foundation (UK) [2020] UKSC 33, the Supreme Court held that the members of a charitable company stood in a fiduciary relationship vis-à-vis the...
Summary 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...
The court was required to determine issues in the administrations of two Lehman Brothers companies (P and L) concerning the priority of certain subordinated debts for the purpose of distributing funds in the administrators' hands. P and L were intermediate holding companies in the Lehman Brothers group. L was the...
Facts The Competition and Markets Authority (CMA) applied under the Company Directors Disqualification Act 1986 s.9A(10) for the disqualification of the defendant (M) as a director of an estate agency.The CMA had found that M's agency was one of six in the Burnham-on-Sea area of Somerset which had participated...
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).