Winslet v Gisel [2021]

Judgment Date: 23 Apr 21

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...

WWRT Limited v Tyschenko & Tyschenko

Judgment Date: 21 Apr 21

Thomas Munby and James Mitchell were instructed by Georgina Squire and Hannah Sharp of Rosling King LLP on behalf of WWRT Limited and led by Andrew Ayres QC of Twenty Essex. Facts WWRT Limited (“WWRT”) had obtained, ex parte, a worldwide freezing order (“the WFO”) against Mr Serhiy Tyshchenko (“ST”)...

Inmarsat Global Ltd v Revenue and Customs Commissioners [2021]

Judgment Date: 23 Mar 21

Facts The taxpayer company appealed the First-tier Tribunal's refusal of its claim that it was entitled to capital allowances in respect of the costs of launching six satellites.The International Maritime Satellite Organisation (IMSO) had entered into a series of contracts for the construction of six satellites which were novated...

Davey v Bailey

Judgment Date: 26 Feb 21

Davey v Bailey [2021] EWHC 445 (Ch) is a significant judgment on the law of deathbed gifts (donationes mortis causa; “DMCs”). A DMC is one of the few ways in which a person can make a valid transfer of property on death without complying with the formalities required by section 9 of the...

Keeping Kids Company

Judgment Date: 12 Feb 21

The Official Receiver applied for the making of disqualification orders under the Company Directors Disqualification Act 1986 against all of the directors who had been in office at or shortly before the charity’s collapse, together with its Chief Executive Officer, Camila Batmanghelidjh, who was alleged to have been a de...

Active Media Services Inc v Burmester, Duncker & Joly Gmbh & Co KG and others [2021]

Judgment Date: 09 Feb 21

Summary 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....

Ming Siu Hung v JF Ming Inc. UKPC 27 (2021)

Judgment Date: 14 Jan 21

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...