On 21 October 2024 the High Court handed down judgment in Lane v Lane [2024] EWHC 2616 (Ch). ...
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Judgment has been handed down in Re a company [2024] EWHC 2656 (Ch), in which ICC Judge Burton granted an injunction to restrain a winding up petition on the basis that the applicant company has a genuine and serious cross-claim against the would-be petitioning creditor, in the sum of £44m. The Judge expressly rejected the creditor’s contention that the asserted cross-claim must be capable of being set out in a pleading, holding that “there is scope for this court to determine an asserted cross-claim to be genuine and serious even in circumstances where all of the information one would usually require for it to be properly pleaded, is not before this court.” The Judge reiterated that the threshold test for an injunction of this kind is “low”, and that if there is any doubt about the cross-claim, the court should proceed with caution....
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The Court of Appeal has handed down judgment in Mohammed v Daji [2024] EWCA Civ 1247, a significant case relating to the ownership of the Abbey Mills Mosque in West Ham and the split within the Tablighi Jamaat movement of Islam. The judgment of Newey LJ discusses various aspects of judicial fact-finding about the intentions of donors to a charitable trust, as well as judicial findings of fact....
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Maxim Cardew represented the successful applicants in Mohammed v Patel [2024] EWHC 2581 (Ch) in their application for a declaration and injunctive relief calling for fresh elections to the Executive Committee of a Charity operating a substantial mosque. The case concerned the correct construction of the constitution of the Charity (an unincorporated association), the lawfulness of a previous election that had been held, and the appropriate test for granting declaratory and injunctive relief in such circumstances. The decision also considered whether and in what circumstances the constitution of a charitable unincorporated association could be waived or varied....
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We are delighted to be ranked once again in The Legal 500 across all our core areas of practice. Thank you very much to our clients and colleagues across the profession for their feedback and for the interesting and challenging instructions sent our way. Our clerking team has also rightly received excellent comments from the market. The Legal 500 UK Bar Guide 2025 is now available to view online. You can view the rankings for Chambers and its barristers here....
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We are delighted to welcome Robert Watt, Olivia Horn and Promit Chatterjee as members of Maitland, following the successful completion of their pupillages....
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Judgment has been handed down in D’Aloia v Persons Unknown, Bitkub & Ors [2024] EWHC 2342 (Ch). Darragh Connell and Eoin MacLachlan, instructed by Nicola McKinney of Quillon Law, acted on behalf of a crypto exchange, Bitkub Online Co. Ltd (“Bitkub”), in successfully defending a claim brought by Fabrizio D’Aloia. Following a 5-day trial, the High Court held that the Claimant had failed to establish that any of his misappropriated USD Tether had reached the relevant wallet controlled by Bitkub, the sixth Defendant in the proceedings. The entirety of the Claimant's claims against Bitkub in unjust enrichment and as an alleged constructive trustee were dismissed. The judgment considers, for the first time following a contested trial, the status of USD Tether under English law. The High Court concluded that USD Tether did constitute property for the purposes of English law as follows: ...
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What is the appropriate order for costs following the continuation of a freezing injunction after a contested return date hearing? Is it the usual order for interim injunctions of costs reserved, or do costs follow the event because freezing injunctions are materially different to normal interim injunctions? These are questions which have caused debate on the authorities. ...
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Having helped lead the way at the Commercial and Chancery Bar over the last 5 years with its own award-nominated mentoring scheme for underrepresented groups, Maitland is delighted now to join the wider scheme run by Combar - The Commercial Bar Association. ...
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