Legal opinion - Post Office Horizon IT Inquiry

In a Technical Bulletin issued on Thursday 15 February,  the attention of Members of the Insolvency Lawyers’ Association was drawn to the Opinion of Catherine Addy KC given to the Post Office Horizon IT Inquiry in relation to topical issues of personal insolvency law. Catherine was instructed by Sir Wyn Williams to provide a legal Opinion concerning bankruptcy and how it impacts upon the payment of compensation to sub-postmasters. A copy is published on the Post Office Horizon IT Inquiry website....

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Judgment on worldwide freezing order variation application

George Hayman KC acted for the Claimant in successfully resisting an application to vary an £88m worldwide freezing order to permit the sale of a significant London property. Applying the principles laid down by Christopher Clarke J in Noga v Australian and New Zealand Banking Corporation [2006], Foxton J made useful observations about (1) the quality and detail of evidence required from a freezing order respondent to satisfy the court on a variation application, (2) the benefits of a transparent and collaborative approach on the part of a respondent who wishes to enter into a transaction which prima facie would amount to a dissipation, and (3) how a sale might be permitted on terms which preserve for a claimant the prospective benefits of the equitable doctrine of marshalling before that claimant has established its status as a judgment creditor. In the main action, George leads Duncan McCombe instructed by Fraser Mitchell and Benjamin Smith and Jane Daly of Lewis Silkin LLP....

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Rights, Powers, and Remedies in Commercial Law

To accompany his book Rights, Powers, and Remedies in Commercial Law, Ryan Turner has filmed a short video on discretionary contractual powers and exclusion clauses. To mark the release of the video, during the month of February, Thomson Reuters are offering a special 20% discount on purchases of Ryan’s book in print and ebook format. Just quote discount code CONT2024. Offer valid 1st February to 29th February 2024....

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The High Court hands down judgment in South Tees Development Corporation v PD Teesport Ltd [2024] EWHC 214 (Ch)

Andrew Walker KC and James Mitchell acted for the defendant, PD Teesport Limited, who successfully claimed a number of access rights for the benefit of Teesport and other land it owned in the Teesside area, following a 6-week trial in October and November 2023. PD Teesport relied on express grants, implied grants and prescription, and the trial required an analysis of a number of historic deeds, plans and photographs....

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Ramon Alberga OBE KC

It is with great sadness that Maitland marks the recent passing of Ramon Alberga OBE KC. Ramon was an associate member of Maitland for many decades, having worked with both former and current members of chambers over those years. He was widely acknowledged to be the pre-eminent silk of the Cayman Bar during his time in practice, and our thoughts go out to his family and all those who were close to him....

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Thomas Munby KC appointed to the Arbitrator List at the Dubai International Arbitration Centre (DIAC)

Maitland is delighted to announce that Thomas Munby KC has been appointed to the Arbitrator List at the Dubai International Arbitration Centre (DIAC). Thomas continues also to be a member of the List of Arbitrators at HKIAC, and is happy to accept suitable appointments under other institutional rules or ad hoc....

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King’s Counsel appointment

We are delighted to announce that Matthew Smith will be appointed to the rank of King’s Counsel in a ceremony in the spring before the Lord Chancellor. This will bring the number of King’s Counsel at Maitland to 21, working alongside 48 junior barristers.Matthew’s practice embraces all aspects of commercial chancery litigation: from company and insolvency questions to contractual and property-related disputes. He has particular expertise in insolvency and in charity matters. He has been recommended for many years in the Chambers UK Bar Guide for Charities as a 'Star Individual'.All of us at Maitland warmly congratulate Matthew.To view Matthew’s profile, click here. ...

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The High Court hands down judgment in Asturion v Alibrahim [2023] EWHC 3305 (Ch)

David Mumford KC and James Kinman acted, with assistance from Emily Gailey, for the claimant in Asturion, one of The Lawyer’s Top 20 Cases of 2023. David and James were successful on a number of important and difficult issues relating to the nature and effect of ostensible authority, how English conflict of laws principles deal with issues of authority and knowing receipt in relation to foreign entities, and the effect of section 26 of the Land Registration Act 2002. The claim failed on the Judge’s findings as to the effect of Liechtenstein law....

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Eoin MacLachlan writes for Thought Leaders 4 FIRE Magazine Issue 15: A Year in Review

Eoin MacLachlan has contributed an article entitled, ‘UK tools up for crypto related crime’ to ThoughtLeaders4 FIRE Magazine’s ‘Year in Review Edition 2023’ (Issue 15). The article addresses recent legal developments in combatting crypto related fraud. It can be viewed here. ...

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