Congratulations to Rebecca Page, who won Company/Insolvency Junior of the Year at the Chambers UK Bar Awards held at Old Billingsgate on Thursday 14 November 2024....
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Thomas Munby KC and James Kinman appeared for the successful party in Malik v Malik [2024] EWCA Civ 1323, in which the Court of Appeal handed down judgment on 4 November 2023. They successfully argued that the test for whether a party will – by adopting one position in litigation – be barred from adopting a contrary position at a later stage is broad and merits based, unfettered by strict rules. In particular, it is not necessary to identify a clear, unequivocal statement of position by the party in question, and it is wrong to import such a requirement from the law of promissory estoppel....
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A successful outcome for the First Defendant in Kireeva v Zolotova, in which a Russian bankruptcy trustee had attempted to claim ownership of a valuable property in Italy via a share in an English company. ...
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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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