Michael Gibbon QC and Maxim Cardew acted for the Official Receiver in Shop Direct Finance Company Limited v The Official Receiver [2022] EWHC 1355 (Comm). The case concerned bulk PPI complaints made in respect of thousands of bankrupt consumers of whom the Official Receiver is the trustee in bankruptcy, and in particular...
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...
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...
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”)...
Summary 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. Andrew Twigger QC was instructed at first instance and on appeal...
Facts The applicant Financial Conduct Authority sought a declaration as to whether the court's leave was required for the issue of a "warning notice" against the respondent company under the Financial Services and Markets Act 2000 s.92 and s.126.The respondent had been subject to a winding-up order. The declaration was...
The court was required to determine issues in the administrations of two Lehman Brothers companies (P and L) concerning the priority of certain subordinated debts for the purpose of distributing funds in the administrators' hands. P and L were intermediate holding companies in the Lehman Brothers group. L was the...
Summary Summary judgment was granted on a claim to enforce a personal guarantee in respect of a loan secured on a property where an assurance relied on by the guarantor, that the guarantee would not be enforced unless there was a shortfall after the property was sold, was not a...
Summary A claim brought by insolvent companies against a bank and its subsidiary for dishonest assistance and knowing participation in fraudulent trading, via the actions of its traders, was established where the evidence showed that the traders, contrary to their evidence, had been aware at all times that VAT was...