132 results
21 Mar 2018 12:57
JSC BTA Bank v Ablyazov [2018] UKSC 19JSC BTA Bank v Ablyazov [2018] UKSC 19 (Lords Mance, Sumption, Hodge, Lloyd-Jones and Briggs) is an important judgment in the fields of conspiracy, contempt and conflict of laws. In particular: · Lords Sumption and Lloyd-Jones provide an illuminating overview of the economic torts in more...
19 Mar 2018 11:55
A birds-eye view of AIFC court practice and procedureDevelopments in Kazakhstan: In the latest in a series of articles on legal developments in Kazakhstan for Practical Law, Paul Fisher of 4 New Square provides a birds-eye view of practice and procedure in the new AIFC Court. Click here to read more. more...
19 Mar 2018 11:30
A costly slice of the cake? Litigation funders and security for costsIf a defendant is successful in defending a claim brought with the assistance of litigation funders who had an interest in the litigation, that defendant can apply under section 51 of the Senior Courts Act 1981 for a non-party costs order against the litigation funders. A recent example of such a more...
19 Mar 2018 11:24
Moonlighting: the latest word on vicarious liabilityThe run of recent appellate decisions on vicarious liability continues in the case of Frederick and others v Positive Solutions (Financial Services) Limited [2018] EWCA Civ 431. On this occasion, the Court of Appeal has decided that a financial adviser was not vicariously liable for fraudulent more...
No Defence For a Late Defence
A decision which appears to have gone under the radar at the Chancery Division recently is that of Ian Billington v Davies [2016] EWHC 1919 (CH). This could be because it is a decision of a Deputy Master, though is still technically binding on a Judge sitting in the County Court. The brief facts of more...
Costs Liability of Unsuccessful Funders
In Excalibur Ventures LLC v Texas Keystone Inc & Others [2016] EWCA Civ 1144 the claimant had entered into a conditional fee agreement with its solicitors and obtained third party funding in order to pursue its claim. The litigation was complex and costly. Groups of funders and their parent more...
End Of The Road for LIBOR Rigging Claims; or Just a Detour?
The Court of Appeal's decision in Property Alliance Group v RBS [2018] EWCA Civ 355 is a decisive victory for RBS over PAG. However, the door has undoubtedly been opened for other potential claimants. While the CA also made some significant findings on the bank's advisory duties and implied more...
“Fundamental Dishonesty” in the Court of Appeal
“Fundamental Dishonesty” in the Court of Appeal Paul Mertens reviews the recent decision of Howlett v Davies [2017] EWCA Civ 1696, the first case in which the Court of Appeal has considered the approach to “fundamental dishonesty” as an exception to Qualified One-Way Costs Shifting (QOCS) under CPR more...
Challenging the Legality of a Change in Funding Arrangements: Dial Partners LLP v Eastern Airways International Ltd
The recent decision of the Senior Courts Costs Office in Dial Partners LLP v Eastern Airways International Ltd Case No: CL-2015-000421 offers an interesting review of the principles regulating the right of a receiving party in litigation to change its funding arrangements before settlement or more...
A return to orthodoxy in matters of contractual interpretation
Summary In its decision in Arnold v Britton [2016] AC 1619 the Supreme Court has restored the supremacy of the traditional approach to the construction of commercial contracts. The parties have the greatest control over the words that they have used in their contract and those words should not be more...
Challenge to pre-pack defeated - Re Meem SL Limited (In Administration) [2017] EWHC 2688 (Ch)
Summary Where complaint is made about a pre-pack administration, more often than not it is the trade creditors who claim to have been left high and dry by the pre-arranged sale of the company’s business to the former management. The case of Re Meem SL Ltd (In Administration) [2017] EWHC 2688 (Ch) more...
Relief from liability under s1157 Companies Act 2006 -
Cullen Investments v Brown
The recent case of Cullen Investments Ltd v Brown [2017] EWHC 2793 (Ch) serves as a reminder of the rigorous approach that the court adopts when dealing with directors who have breached their duty to avoid conflicts of interests. The director in question (D2) had been found liable at an earlier more...
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