Maitland Chambers

28 Feb 25

Commercial Court releases judgments granting third party disclosure in support of freezing injunctions

The Commercial Court has released for publication a series of judgments addressing the principles applicable to the grant of without notice third party disclosure orders, and related seal and gag orders. The first judgment of Mr Justice Bryan [here] followed the two-stage approach favoured by the courts of Hong Kong and the BVI, under which the Court first considers in private whether or not to grant a seal and gag order, before later considering (at a hearing on notice to the third party only, but under the protection of the seal and gag order) the substantive disclosure application. Bryan J’s second judgment [here] comprehensively analyses and applies the Court’s jurisdiction under the Norwich Pharmacal regime and the Court’s Section 37 Senior Courts Act 1981/inherent jurisdiction to grant third-party disclosure orders to enable a claimant effectively to police freezing injunctions....

26 Feb 25

Judgment in Future Sounds Asia v The 1975

The members of the rock band The 1975, represented by Edmund Cullen KC, have succeeded in their application to strike out the claim brought against them by the promoters of the Good Vibes 2023 festival in Malaysia. ...

21 Feb 25

Judgment in Almeqham v Belgrave Properties Ltd [2025]

Richard Morgan KC and Duncan McCombe recently appeared in Almeqham v Belgrave Properties Ltd [2025] EWHC 322 (Ch), resulting in an important judgment concerning the Cross Border Insolvency Regulations and service within the jurisdiction. ...

03 Feb 25

Judgment on recusal in Abbotsley Ltd v Pheasantland Ltd

Richard Bottomley, instructed by Robyn Adams of Debenhams Ottaway, successfully acted for Pheasantland Limited in resisting an application made by Abbotsley Limited for recusal of the trial judge. HHJ Walden-Smith, sitting as a High Court Judge, found after two days of oral argument that the application was totally without merit. The 18-day trial is listed for April....

29 Jan 25

Maria Mulla features in The Lawyer’s Hot 100 list for 2025

The Lawyer has released their Hot 100 list of 2025 which includes Maria Mulla....

24 Jan 25

King’s Counsel appointment

We are delighted that Rebecca Page will be appointed to the rank of King’s Counsel in a ceremony in the spring before the Lord Chancellor. This will bring the number of King’s Counsel at Maitland to 21, working alongside 50 junior barristers....

23 Jan 25

The judgment of Gill v. Kaur [2025] EWHC 156 (Comm)

In the judgment of Gill v. Kaur [2025] EWHC 156 (Comm), George Hayman KC and James Kinman represented the Claimants in obtaining the continuation of a proprietary injunction over the shares of an English company (owner of an airport in Texas and other real estate interests) in support of a derivative claim in Delaware. The injunction was granted pending steps being taken by Receivers appointed by the Delaware Court to enforce its judgment and recover the shares....

23 Jan 25

Wholesale adoption by trial judge of one party’s submissions

What is the effect of a trial judge adopting wholesale the closing submissions of one party and largely ignoring the submissions of the other side? That was the issue considered by the Eastern Caribbean Court of Appeal (“ECCA”) in Rayley Company Ltd v Fong....

17 Jan 25

Judgment handed down in Magomedov v PJSC Far-Eastern Shipping Company

David Mumford KC and Watson Pringle, instructed by Mark Hastings and Abigail Healey of Quillon Law, acted for PJSC Far-Eastern Shipping Company (FESCO) in its successful challenge to the English Court’s jurisdiction to hear the $13.8 billion claim brought against it in the Commercial Court by Ziyavudin Magomedov and others. FESCO succeeded in relation to all three limbs of the test: serious issue to be tried, gateways and forum. James Mitchell also appeared for FESCO at the consequentials hearing. ...