Latest by Alan Williams

Blog

Section 1782 order allowed

Published on 18 September 2018. By Jonathan Cary, Partner and Alan Williams, Partner

Untinted 4

The Commercial Court recently discharged an injunction restraining the enforcement of a US court order made under Section 1782 of Title 28 of the US Code (Assistance to foreign and international tribunals and to litigants before such tribunals). Section 1782 applications can be a useful weapon in an English litigator's armoury as a means of obtaining evidence under the control of a US-based entity through US-style discovery, including by the use of depositions and documentary evidence.

Read more
Blog

Breaking news – a victory for privilege

Published on 05 September 2018. By Davina Given, Partner and Jonathan Cary, Partner and Alan Williams, Partner and Lucy Kerr, Senior Associate

Untinted 4

Today the Court of Appeal handed down its eagerly anticipated judgment in the appeal of Andrews J's controversial High Court decision in Serious Fraud Office v Eurasian Natural Resources Corporation.

Read more
Publication

Fund management litigation

Published on 03 April 2017. By Alan Williams, Partner

Green tint 3

Recourse for LP investors when an investment goes wrong

Read more
Blog

Letters of Credit: Fraud conquers all – if it is fraud

Published on 30 March 2017. By Alan Williams, Partner and Andy McGregor, Head of Civil Fraud

Gray tint 1

The High Court decision in Petrosaudi Oil Services (Venezuela) Ltd v. Novo Banco S.A. and Others [2016] EWHC 2456 provided a useful reminder that the principle of autonomy, which provides for payments to be made under letters of credit, regardless of disputes under the underlying contract, will not be upheld if the fraud exception applies. In its decision at first instance the High Court had found that the fraud exception had applied. However, the High Court judgment was appealed. This update discusses the Court of Appeal's decision.

Read more
Blog

Pension Deed rectified by Summary Judgment without a hearing

Published on 29 June 2016. By Alan Williams, Partner and Geraldine Elliott, Partner

Untinted 4

The High Court has recently granted summary judgment for rectification of a trust deed without a hearing. The judge did this "in such plain circumstances" where the evidence demonstrated that there was "no real prospect of a realistic challenge" to the position that the final version of the deed should have been executed, not an earlier draft.

Read more
Blog

Don't gamble on a wager

Published on 13 April 2016. By Alan Williams, Partner and Simon Hart, Partner

In WW Property Investments v Natwest one of many interest rate swaps claims that have been made since the global financial crisis, the High Court confirmed, in line with previous decisions, that interest rate hedging agreements are not wagers in law where at least one party entered into the contract for a genuine commercial purpose and not to speculate.

Read more
Blog

Time lost may never be found again

Published on 01 March 2016. By Alan Williams, Partner and Geraldine Elliott, Partner

The decision in Medhi Khosravi v British American Tobacco plc [2016] EWHC 123 (QB) provides a useful reminder that it can be a risky strategy to seek extensions of time for service of a claim which has already been issued. Such extensions should not be granted lightly, and might be set aside at a later date.

Read more
Blog

Tracing Mr Maluf's millions

Published on 28 September 2015. By Alan Williams, Partner and Tim Brown, Partner

The recent Privy Council decision in Federal Republic of Brazil and another v Durant International Corporation and another upholding a Jersey Court of Appeal judgment provides guidance on the approach the English Courts may now take to backwards tracing.

Read more
Blog

No way out: a recent Supreme Court decision re-states the principles of contractual interpretation and provides a salutary reminder that the English Courts are wary of re-writing "bad bargains"

Published on 31 July 2015. By Alan Williams, Partner and Simon Hart, Partner

The Supreme Court's decision in Arnold v Britton provides a salutary reminder of the reluctance of the English Courts to re-write "bad bargains" even if they have catastrophic unforeseen commercial outcomes for one of the contracting parties.

Read more
Blog

Good Russian Service

Published on 07 May 2015. By Alan Williams, Partner and Andy McGregor, Head of Civil Fraud

Following the decision in Sloutsker v Romanova[1], it should now be more difficult for parties to evade the effective service of English court documents in Russia.

Read more
Blog

Turning the clock back

Published on 15 September 2014. By Alan Williams, Partner

A recent Court of Appeal decision[1] in a pensions' dispute provides a reminder of circumstances in which the English courts will allow a statement of case to be amended to bring a new claim which would otherwise be time barred.

Read more
Blog

Interim decision in SFO's battle with Tchenguiz brothers

Published on 16 May 2014. By Alan Williams, Partner

"They wanted to get some scalps …. And now I'm going to butcher them"

Read more
Blog

The Financial Crisis - Where are we now?

Published on 04 December 2013. By Alan Williams, Partner

"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.

Read more
Blog

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

Published on 16 October 2013. By Alan Williams, Partner

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.

Read more
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, Partner

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.

Read more