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Cases

Official Receiver v Deuss

Judgment Date: 05 Jul 2021

Third-party costs orders: who is the “real party” on an application for public examination under s.133 Insolvency Act 1986

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Add2 Research & Development Ltd v dSpace Ltd and another

Judgment Date: 17 Jun 2021

A new judgment of the Patents Court in London contains an important discussion of the circumstances in which a transaction by a company will be treated as ultra vires and void as an unlawful distribution to a shareholder at common law.

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Hicks v 89 Holland Park Management Limited [2021] EWHC 930 (Comm)

Judgment Date: 29 Apr 2021

John McGhee QC and James Hanham acted for the successful Covenantee and were instructed by Clive Chalkley and Charlotte Weeks of Gowling WLG.

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Winslet v Gisel [2021]

Judgment Date: 23 Apr 2021

Despite the fact that the UK has now left the EU, issues concerning the interpretation of EU regulations will continue to affect litigants in this jurisdiction for some time to come. Alec McCluskey recently represented a claimant seeking to obtain repayment of interest-free loans made in England to a resident of France, relying on the provisions in the Withdrawal Agreement between the UK and the EU which continue to apply Regulation (EU) 1215/2012 (the Brussels Regulation Recast) to actions commenced before the end of the Brexit transition period.

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WWRT Limited v Tyschenko & Tyschenko [2021] EWHC 939 (Ch)

Judgment Date: 21 Apr 2021

The High Court considered the interplay between the Brussels Recast Regulation (“BRR”) and the approach of modified universalism to international insolvency proceedings in the course of continuing a worldwide freezing injunction, dismissing a jurisdiction challenge and ordering further disclosure and cross-examination in support of the worldwide freezing injunction. Although this will be one of the last ever cases concerning the BRR, it is an important reminder of the effect Owusu v Jackson [2005] QB 801 when a finding of domicile is made and would be of particular significance should the United Kingdom accede to the Lugano Convention.

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TuneIn Inc v Warner Music UK Ltd [2021] EWCA Civ 441

Judgment Date: 26 Mar 2021

The Court of Appeal (the Master of the Rolls, Lord Justice Arnold and Lady Justice Rose) gave judgment on 26 March 2021 in (1) Warner Music UK Limited (2) Sony Music Entertainment UK Limited v TuneIn Inc. The Court dismissed TuneIn’s appeal save in one small respect and upheld the High Court’s ruling that TuneIn infringed Warner and Sony’s copyrights through its operation of the TuneIn online internet radio service.

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Inmarsat Global Ltd v Revenue and Customs Commissioners [2021]

Judgment Date: 23 Mar 2021

A successor to a business that had incurred costs of launching leased satellites was not deemed to own the satellites by operation of the Capital Allowances Act 1990 Pt II s.78(1) and therefore was not entitled to capital allowances in respect of those costs under s.24(1).

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Members
Michael Gibbon QC

Practice areas
Tax

Davey v Bailey

Judgment Date: 26 Feb 2021

A recent judgment of the High Court, Chancery Division in Cardiff helpfully summarises the current state of the law in relation to deathbed gifts.

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Members
Richard Fowler

Practice areas
Private Client

Keeping Kids Company

Judgment Date: 12 Feb 2021

In a judgment handed down today following a 10 week trial, Falk J dismissed the Official Receiver’s claim for the disqualification of the former directors (“the Trustees”) of the well-known charity Kids Company, which went into liquidation in 2015.

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Active Media Services Inc v Burmester, Duncker & Joly Gmbh & Co KG and others

Judgment Date: 09 Feb 2021

Mr Justice Calver has dismissed a claim in the Commercial Court worth over US$3 million relating to financing of an animated film. The case raised interesting issues relating to election, waiver and estoppel, and the inferences to be drawn from a party’s deliberate destruction and concealment of evidence.

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Ming Siu Hung v JF Ming Inc. (2021)

Judgment Date: 14 Jan 2021

Following his ruling that his failure to provide the minority with the Company’s financial statements as required by the Company’s articles constituted unfair prejudice, Leon J had ordered that the majority shareholder buy the shares of the minority. The Eastern Caribbean Court of Appeal upheld his finding of unfair prejudice but overturned the buy-out order on the ground that requiring the majority shareholder to provide the financial information was the appropriate remedy. The Privy Council restored the buy-out order. Leon J had not made any error of principle and the Court of Appeal had not been entitled to interfere with the exercise of his discretion when considering what relief to grant.

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Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd (2020)

Judgment Date: 13 Nov 2020

Richard Fowler acted for the successful appellant landlord, Sara, before the Court of Appeal and at first instance in a dispute over service charges claimed pursuant to a “conclusive certification” clause in leases of commercial premises. The reasoning of the Court of Appeal’s judgment is also applicable in the wider context of “conclusive certification” and “conclusive evidence” provisions in commercial contracts, including guarantees.

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Maroil Trading Inc v Cally Ship Holdings Inc [2020] EWHC 3041 (Comm)

Judgment Date: 27 Oct 2020

Thomas Grant QC and Thomas Fletcher were instructed by Grosvenor Law on behalf of the Claimants (“Maroil”) in respect of an application for security for costs made by the Defendants (“Novoship”). The application raised an important point of principle on when a claimant should be ordered to provide security for a defendant’s costs of an additional claim brought against a third party, including security for the defendant’s costs exposure to that third party.

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VTB Bank (Public Joint-Stock Company) & Ors v Campino & Ors

Judgment Date: 19 Oct 2020

The Isle of Man’s Staff of Government Division has allowed an appeal and made a disclosure order against a non-cause of action defendant to a freezing order and interveners who were contending that a freezing order should be discharged. In doing so, the Court affirmed the flexibility of the jurisdiction to make ancillary orders to support freezing relief. This is an important case for showing that common law courts are able and willing to order disclosure of documents prior to a discharge hearing of freezing injunctions in appropriate cases.

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Cornerstone Telecommunications Infrastructure Ltd v London & Quadrant Housing Trust (2020)

Judgment Date: 14 Oct 2020

The Upper Tribunal imposed an agreement on a housing trust under the Communications Act 2003 Sch.3A Pt 4 para.20 conferring on a telecommunications operator rights to install and operate equipment on the roof of a building. The tribunal determined the extent to which the operator should be able to upgrade and share the equipment and set out the correct approach to assessing the consideration payable by operators under such agreements.

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Members
Tim Calland

Practice areas
Real Estate

CFH Clearing Ltd v Merrill Lynch International (2020)

Judgment Date: 14 Aug 2020

A standard 2002 ISDA Master Agreement governing certain foreign exchange transactions was not varied by the defendant bank’s standard terms so as to incorporate an alleged market practice of retrospectively adjusting prices where there had been market disruption.

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In the Matter of The Financial Conduct Authority v Carillion Plc (in liquidation) [2020] EWHC 2146 (Ch)

Judgment Date: 07 Aug 2020

The Financial Conduct Authority's process of deciding whether to impose sanctions on a company (including the decision) was an "action or proceeding" within the meaning of the Insolvency Act 1986 Pt IV s.130(2). Accordingly, the court's leave was required before a warning notice could be given by the FCA.

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EMI v Prudential (2020)

Judgment Date: 31 Jul 2020

John McGhee QC and Maxim Cardew successfully appear for Prudential (the landlord) in a claim brought by EMI (the guarantor) in relation to a lease of valuable commercial premises on Oxford Street formerly occupied by HMV. Maxim also analyses the decision in an article, which can be found here.

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Cooper v Lehtïmaki; Re The Children’s Investment Fund Foundation (UK) [2020] UKSC 33

Judgment Date: 29 Jul 2020

The Supreme Court has today delivered a landmark judgment on issues of equity and charity law. In Cooper v Lehtïmaki; Re The Children’s Investment Fund Foundation (UK) [2020] UKSC 33, the Supreme Court held that the members of a charitable company stood in a fiduciary relationship vis-à-vis the objects of the charity, and that the court had an “inherent” and “exceptional” jurisdiction to direct a (fiduciary) member of the charity to vote in favour of a resolution to approve a payment of US$360 million to a charity under the management of a retiring trustee.

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Members
Ryan Turner

Practice areas
Charities

UK College of Business & Computing Ltd v Bath Spa University [2020] EWHC 2157 (Comm)

Judgment Date: 20 Jul 2020

Thomas Grant QC, Narinder Jhittay, Ryan Turner, and Charles King were instructed by Berkeley Rowe International Lawyers in a commercial dispute in the Circuit Commercial Court on behalf of the UK College of Business & Computing. At the outset, Thomas Grant QC and Ryan Turner successfully obtained an interim injunction to restrain the defendant, Bath Spa University, from acting on its purported termination of a long-term services contract with the claimant in the midst of the pandemic. Thomas Grant QC then led Narinder Jhittay, with further assistance from Charles King, for the expedited trial of the proceedings, which settled on confidential terms shortly prior to the commencement of the hearing.

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