In Oscar Trustee Limited v MBS Software Solutions Limited, Mr Justice Webster has dispelled the Halliwel myth that r 7.14 of the BVI CPR (now r 7.17) is a freestanding source of power to grant permission to serve an application out of the jurisdiction. Oscar Trustee had pursued a claim against a...
On 26 May 2023 Mr Justice Butcher handed down judgment in Goyal & Anor v BGF Investment Management Limited & Ors [2023] EWHC 1180 (Comm). David Mumford KC and Ryan James Turner acted on behalf of four of the defendants in successfully resisting a claim for damages for deceit and unlawful means conspiracy in excess of £40...
The appeal concerned the jurisdiction of the Courts of the British Virgin Islands to grant freezing orders in support of foreign proceedings, to permit service of an application claiming only freestanding freezing relief out of the jurisdiction, and to injunct third parties to the underlying proceedings against whom no substantive...
David Mumford QC and Thomas Munby (with Hugo Leith of Brick Court) act for the State of Qatar in proceedings in the Commercial Court against Banque Havilland SA (the “Bank”). In an important decision on 30 July 2021, David Edwards QC (sitting as a Judge of the High Court) made a number...
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 of Appeal has provided authoritative guidance on the abuse of process known as “warehousing” in its first judgment on the subject for almost 20 years. David Mumford QC and James Kinman appeared for the successful respondent. Facts The case concerns a dispute over a high value London property,...