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Commercial Disputes

Blog

David Cody v Andrew Murray and others [2013] EWHC 3448 (Ch)

17 December 2013

In a recent decision the High Court ordered a Claimant based in Texas to pay security for costs.

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Blog

Latest investor's lawsuit in Hong Kong

09 December 2013

As stated in our blog of 19 April 2013, investors are facing some rather strong headwinds in trying to sue banks and financial institutions in Hong Kong.

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Blog

The Financial Crisis - Where are we now?

Published on 04 December 2013. By Alan Williams, Senior Associate

"The first thing we do, let's kill all the lawyers" was the cry that famously went up in a peasant's revolt dramatised by Shakespeare centuries ago.

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Blog

The Alexandros T

Published on 04 December 2013. By Jake Hardy, Legal Director

The Supreme Court in The Alexandros T has delivered an important decision on the application of Articles 27 and 28 of Regulation 44/2001 in the English courts.

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Blog

Financial Litigation Roundup

Published on 26 November 2013. By Chris Ross, Partner

Please click here for our bulletin containing a roundup of the key judgments from litigation in the banking sector in 2012/2013 and review of matters currently before the courts.

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Blog

High Court considers service of breach of warranty claim

Published on 25 November 2013. By Daniel Wyatt, Senior Associate

In Ageas (UK) Limited -v- Kwik-Fit (GB) Limited, the court considered a preliminary issue regarding service of proceedings in a breach of warranty claim.

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Blog

Discretion to stay - exclusive jurisdiction clauses and foreign proceedings

Published on 21 November 2013. By Christopher Whitehouse, Associate

In Nomura International Plc v Banca Monte Dei Paschi Di Siena SpA [2013] EWHC 3187 (Comm), ...

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Blog

Silence can be expensive - the dangers of ignoring an opponent's ADR Request

Published on 14 November 2013. By Christopher Whitehouse, Associate

In PGF II SA v OMFS Co [2013] EWCA Civ 1288, the Court of Appeal extended the guidelines set out in Halsey v Milton Keynes General NHS Trust[1]

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Blog

Phew! Relief granted notwithstanding non-compliance and delay

01 November 2013

In Theverajah v Riordan & Others [2013] the court considered the factors relevant to an application for relief under amended CPR 3.9, which came into force in April 2013.

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Blog

Late but not too late: new claims and time bars

Published on 29 October 2013. By Geraldine Elliott, Partner

The High Court has recently considered the extent to which pleadings can be amended to introduce new claims out of time in the case of Nolan & others v Tui UK Limited.

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Blog

Court of Appeal makes it clear that a skeleton argument is not a vehicle for the introduction of unpleaded claims

Published on 24 October 2013. By Adam Forster, Senior Associate

The Court of Appeal has recently handed down judgment in the case of Credit Suisse AG v. Arabian Aircraft & Equipment Leasing Co EC.

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Blog

How well do you know your Expert Witness?

21 October 2013

The High Court decision in Proton Energy Group SA v Orlen Lietuva [2013] EWHC 2872 is a warning to all litigators to choose their expert witnesses wisely.

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Blog

Acting in Good Faith – is this now a given under English Law?

Published on 16 October 2013. By Alan Williams, Senior Associate

Under many civil law jurisdictions, such as France, Germany, and Italy, the law of obligations recognises and enforces an overriding principle (derived originally from Roman law) that in making and carrying out contracts parties should act in good faith.

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Blog

High Court confirms that general principles of contractual construction apply to 'misnomer principle'

Published on 14 October 2013. By Daniel Hemming, Senior Associate

In Liberty Mercian Limited v (1) Cuddy Civil Engineering Limited (2) Cuddy Demolition and Dismantling Limited

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Blog

ISDA publishes 2013 Arbitration Guide

Published on 01 October 2013. By Chris Ross, Partner

ISDA (the International Swaps and Derivatives Association) has published the 2013 ISDA Arbitration Guide, ...

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Blog

High Court considers RBS's liability for structured lending facility

Published on 20 September 2013. By Tom Hibbert, Partner

The recent decision by the English High Court in Torre Asset Funding Limited & anr v The Royal Bank of Scotland plc1 ...

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Blog

Clipping the wings of the Norwich Pharmacal jurisdiction

13 September 2013

In NML Capital Ltd v Chapman Freeborn Holdings Ltd1, the Court of Appeal has clarified the circumstances in which Norwich Pharmacal2 relief will be available.

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Blog

Court of Appeal considers extent of fiduciary duties in joint venture agreements

10 September 2013

In the recent case of Ross River v Waveley Commercial Limited and Peter Barnett, ...

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Blog

A recent High Court decision acts as a reminder to take care in seeking to settle disputes

Published on 28 August 2013. By Alan Williams, Senior Associate

The recent decision by the English High Court in Newbury v Sun Microsystems [2013] EWHC 2180 (QB) underlines the importance for lawyers of taking care when settling disputes.

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Blog

High Court rules that South African subsidiary was not domiciled in England

23 August 2013

In Vava –v- Anglo American South Africa Ltd (AASA) and Young–v- AASA

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Blog

High Court considers non-party costs order on appeal

Published on 15 August 2013. By Daniel Wyatt, Senior Associate

The High Court recently gave judgment on an appeal against a master's costs decision in AP (UK) Limited v West Midland Fire & Civil Defence Authority.

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Blog

Supreme Court sheds light on service of English proceedings abroad

Published on 07 August 2013. By Jake Hardy, Legal Director

The Supreme Court in its decision in Abela & Ors v Baadarani considered the requirements for service of English proceedings abroad, ...

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Blog

Calculating the value of a restitutionary award in a claim for unjust enrichment

07 August 2013

The Supreme Court judgment in Benedetti v Sawaris and others ([2013] UKSC 50) clarified the basis on which a court should evaluate the remuneration (or quantum meruit) for the value of a person's services based on the unjust enrichment of the person receiving the services.

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Blog

Force India in the Court of Appeal – a winning formula?

22 July 2013

The Court of Appeal in Force India has recently provided some helpful guidance on breach of confidence in the commercial arena1.

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Blog

The English court's power to grant anti-suit injunctions in support of arbitration

Published on 19 July 2013. By Chris Ross, Partner

The Supreme Court judgment in Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] ...

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Blog

Defining 'directorship' for director disqualification

08 July 2013

The recent High Court decision in Re UKLI Limited provides a useful summary of both the factors that the court will take into account when determining whether an individual is a shadow director or a "de facto" director and the differences between these two concepts.

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Blog

The corporate veil: Prest, but not pierced

Published on 08 July 2013. By Adam Forster, Senior Associate

The Supreme Court has recently given judgment in the case Prest (Appellant) v Petrodel Resources Limited and others (Respondents), following an appeal from the Court of Appeal.

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Blog

Cost Budgeting – more guidance please

Published on 02 July 2013. By Rebecca Birkby, Senior Associate

Troy Foods v Manton, concerns an application for permission to appeal an approval of a costs budget.

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Blog

Keeping one's (written) word

24 May 2013

The Court of Appeal has recently applied some judicial brakes on the movement towards contextual, business common sensical, interpretations of commercial agreements.

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Blog

China Arbitration Update - a local (international) difficulty

Published on 10 May 2013. By Jonathan Wood, Head of International Arbitration

The on-going dispute between, on the one hand, CIETAC and, on the other, SHIAC (the new Shanghai International Arbitration Center1) and SCIA (the new Shenzhen Court of International Arbitration), unfortunately, shows no sign of abating for now.

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Blog

An ATE policy can be sufficient security

Published on 26 April 2013. By Rebecca Birkby, Senior Associate

In Geophysical Service Centre Company Ltd v Dowell Schlumberger (Middle East) Inc, the claimant was successful in defending a security for costs application on the basis that, ...

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Blog

Individual investors who "speculate" having a tough time in court

19 April 2013

In my "blog" of 8 March 2013, I refer to a couple of cases in which individual claimants have successfully sued a bank, basically in negligence for failing preserve their wealth; for example, Deutsche Bank AG v Chang [2012] SGHC 248 (subject to appeal) and Rubenstein v HSBC Bank Plc [2012] EWCA Civ 1184 (an appeal court judgment).

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Blog

LIBOR manipulation claim stumbles

Published on 05 April 2013. By Chris Ross, Partner

In Deutsche Bank AG v Unitech Global Limited 2013 EWHC 471 (Comm) Cooke J refused permission for the defendants to amend their defence and counterclaim to refer to misrepresentations relating to the alleged manipulation of LIBOR by Deutsche Bank, on the basis that the amended claims had no reasonable prospect of success.

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Blog

Excluding liability (and avoiding judicial red ink)

28 March 2013

Exclusion clauses – by which a party excludes or restricts a liability or duty that would otherwise arise – are common 'boilerplate' provisions in commercial agreements.

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Blog

Successful lawsuit against bank in Singapore but appeal due

08 March 2013

In Deutsche Bank AG v Chang [2012] SGHC 248, the Singapore High Court has upheld a retail investor's claim that the bank owed a pre-contractual duty of care to advise him as to (among other things) the preservation of his new wealth, despite contractual disclaimer and estoppel points arising out of a subsequently signed service agreement with the bank.

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Blog

Substantively procedural: Delineating boundaries in cross-border litigation

14 February 2013

In a recent decision, the High Court has ruled that the manner in which expert evidence should be given is to be determined by reference to the procedural law of the forum and not the applicable, substantive law governing the dispute.1

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Blog

Going viral: Supreme Court on YouTube

06 February 2013

It has now been two weeks since the launch of the UK Supreme Court's YouTube channel.[1]

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Blog

Security Trustee – fiduciary or mortgagee?

Published on 06 February 2013. By Adam Forster, Senior Associate

The High Court has recently given judgment in a case* relating to the duties owed by a security trustee to mezzanine lenders, in circumstances where the security trustee is enforcing security on behalf of senior lenders.

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Blog

Court dismisses interest rate swap misselling case

Published on 29 January 2013. By Tom Hibbert, Partner

Green & Rowley v RBS1, the first reported case of its kind to come before the English court, saw Mr Green and Mr Rowley – property developers operating in a partnership (the "Claimants") – bring proceedings against the Royal Bank of Scotland (the "Bank"), alleging that they had been mis-sold an interest rate hedging product.

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Blog

The meaning of (commercial) words

21 January 2013

Arguing over the meaning of words is an archetypal lawyerly activity and one which litigators accustomed to disputes over contractual construction know all too well.

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Blog

Enforcing Insolvency Orders in England & Wales following Rubin v Eurofinance

17 January 2013

The UK Supreme Court judgment in the conjoined cases of Rubin and another v Eurofinance SA and others and New Cap Reinsurance Corporation (in Liquidation) and another v AE Grant and others [2012] UKSC 46, which provides vital clarification on the effect of foreign insolvency judgments on the UK courts.

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Blog

Injunctive relief in support of foreign proceedings: don't fall at the first hurdle

Published on 09 January 2013. By Daniel Wyatt, Senior Associate

Following RPC Commercial Litigation Blog post "Granting interim relief in support of foreign proceedings: the expediency test revisited",...

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Blog

Whose claim is it anyway?

05 December 2012

COURT HAS WIDE DISCRETION WHEN ADDING, REMOVING AND SUBSTITUTING PARTIES

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Blog

Granting interim relief in support of foreign proceedings: the expediency test revisited

Published on 03 December 2012. By Daniel Wyatt, Senior Associate

Will the English courts grant claimants a worldwide freezing order ("WFO") or other interim relief in support of foreign proceedings, even if a defendant has no assets in the jurisdiction?

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Blog

Guardian Care Homes v Barclays Bank PLC – LIBOR manipulation: update

09 November 2012

SERIOUSLY ARGUABLE CASE ON LIBOR-FIXING SURVIVES INTERLOCTUTORY STAGE

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Blog

Illegality – it's a question of proportionality

07 November 2012

The recent case of ParkingEye v Somerfield Stores Limited saw the Court of Appeal grapple with the impact of illegality in contracts.

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Blog

Counterclaims and Part 36 offers

23 August 2012

Picture the situation, your client is the Defendant in proceedings where it has asserted a large Counterclaim.

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Blog

The danger of sitting on your right to appeal

23 August 2012

Two recent Court of Appeal cases have illustrated that the courts will take a strict approach to unsuccessful litigants who bring appeals out of time.

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Blog

When should open justice be curtailed? Russian oligarchs learn the answer

Published on 07 August 2012. By Simon Hart, Partner

It is an important principle of civil justice that proceedings are ordinarily conducted in public in open Court.

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Blog

Beware of "settling" for standard form settlement wording

16 July 2012

The recent decision of the Court of Appeal in the case of Kazeminy v Siddiqi1 highlights the potential pitfalls that await parties who rely on standard form settlement wording to settle complex multi-party disputes.

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