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....
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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....
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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. ...
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Season's Greetings and a Happy New Year from all at Maitland During the festive period, our opening hours will be as follows:...
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We are delighted to announce that from 16 December 2024 our senior clerking team will take on a new shape with enhanced roles....
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The Supreme Court upheld the Court of Appeal’s decision that a specifically enforceable oral agreement to transfer a beneficial interest in shares in a private company to the legal owner of those shares was effective to pass the relevant interest, without the need for any writing. ...
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On 6 December 2024, the Commercial Court (Dame Clare Moulder DBE) handed down judgment in Dynamo Recoveries Limited & Emerdata Limited v Alexander Nix [2024] EWHC 3116 (Comm), after a two-week trial in October 2024....
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On 20 November 2024 the BVI High Court handed down judgment in Ming and others v JF Ming Inc, valuing the minority shareholders’ interest following the Privy Council’s reinstatement of Leon J’s buy out order. It is the first BVI authority on the issue of whether a discount should be applied for the shares being a minority holding. Christopher Parker KC successfully argued that a minority discount should not be applied in all the circumstances of the case. Mangatal J also agreed that the valuation evidence of the minority shareholders should be preferred as the buyer’s valuer had not followed International Valuation Standards. The value of the minority’s 3/17ths interest was therefore set at HKD342,948,353.29 with interest at 1% over HK best lending rate from the 31 March 2017, the valuation date. ...
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On 26 November 2024, Mr Andrew Twigger KC (sitting as a Deputy High Court Judge) handed down judgment in Re KRF Services (UK) Ltd [2024] EWHC 2978 in which he made an administration order under para. 12 of Schedule B1 to the Insolvency Act 1986 against a company deemed to be subject to sanctions under The Russia (Sanctions) (EU Exit) Regulations 2019 (‘Sanctions Regulations’). ...
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