Latest by Andy McGregor

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Prevention principle – can parties sue for breach of contract occasioned by their own breach?

Published on 05 December 2019. By Andy McGregor, Head of Civil Fraud and Christopher Whitehouse, Senior Associate

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According to the High Court in TMF Trustee Ltd v Fire Navigation Inc, the prevention principle can excuse a breach of contract when a party has been prevented from performing the relevant obligation by a breach of the other party.

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Contribution to legal costs: natural love and affection or calculated self-interest?

Published on 20 November 2019. By Andy McGregor, Head of Civil Fraud and Suzan Kurdi, Senior Associate

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When will an order for costs be made against a family member who was not a party to the underlying proceedings, but who contributed significantly to funding the losing party's defence? Answer: when the funder has a personal interest in the litigation. Kazakhstan Kagazy Plc (and others) v Maksat Arip (and others)[1]

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Anchor Defendants: Court of Appeal confirms no 'sole object' test applies

Published on 07 November 2019. By Andy McGregor, Head of Civil Fraud and Emily Fischer, Associate (Australian Qualified)

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Recently, the Court of Appeal confirmed that article 6(1) of the Lugano Convention is not subject to a 'sole object' test. Where claimants have a sustainable claim against an 'anchor defendant' that they intend to pursue to judgment, they may rely on article 6(1) to bring a foreign co-defendant within the jurisdiction. This will be the case even if the claimant's sole object in suing the anchor defendant is to sue the foreign co-defendant in the same proceedings.

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Court of Appeal upholds decision on importance of industry standard documents in conflicting jurisdiction clauses

Published on 13 June 2019. By Andy McGregor, Head of Civil Fraud and Steven Rajavinothan, Associate

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The Court of Appeal upheld the decision of the High Court[1], highlighting the risk that the English and Italian Courts may reach different decisions on the underlying factual background of related disputes even where the disputes could be said to fall under different agreements [2]. Therefore, parties need to appreciate that the English Court will put the certainty of industry standard documentation (such as ISDA Master Agreements) first such that it is dangerous to have different jurisdiction and/or governing law clauses in related agreements.

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Should fraud unravel all? The Supreme Court thinks so

Published on 18 April 2019. By Andy McGregor, Head of Civil Fraud and Karina Plain, Associate (Australian qualified)

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Should fraud unravel all? The Supreme Court thinks so

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What are the circumstances in which acting in breach of EU sanctions will kill a claim?

Published on 21 March 2019. By Andy McGregor, Head of Civil Fraud and Christopher Whitehouse, Senior Associate

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An Iranian oil company was defrauded in a failed attempt to circumvent EU sanctions - does its claim survive the Patel v Mirza illegality test?

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An excessive demand is still a demand - Barclays Bank plc v Price

Published on 02 January 2019. By Sarah Shaul, Associate and Andy McGregor, Head of Civil Fraud

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A demand made under a guarantee may be effective even when the amount demanded exceeds an express liability cap.

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Sharp v Blank and others [2017] EWHC 3390 (Ch)

Published on 07 March 2018. By Andy McGregor, Head of Civil Fraud

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The Court considered the Defendants' application for approval of their revised cost budget on the basis that there had been significant developments in the litigation.

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Bank liable for breach of Quincecare duty

Published on 01 March 2018. By Andy McGregor, Head of Civil Fraud and Charlotte Henschen (née Ducker), Senior Associate

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The Court of Appeal has upheld a decision that the appellant bank breached the Quincecare duty of care which it owed to its corporate customer by making payments without proper enquiry, in circumstances in which a reasonable banker would have been on notice that the customer's director was perpetrating a fraud.

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Defective service and culpable delay: a warning to claimants

Published on 03 July 2017. By Chris Ross, Partner and Andy McGregor, Head of Civil Fraud

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Commercial Court refuses application for alternative service and strikes out claim forms after claimant's delay in pursuing claim.

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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

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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.

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The Supreme Court restates the rule on penalties

Published on 07 December 2015. By Andy McGregor, Head of Civil Fraud

The Supreme Court has recast the test for penalties to bring it into line with modern commercial practices. The new test is less formalistic and leaves the courts with greater discretion to look at the commercial rationale for a clause.

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Court of Appeal rules on limitation and concealment in competition damages claim

Published on 04 September 2015. By Chris Ross, Partner and Andy McGregor, Head of Civil Fraud

In the recent decision of Arcadia Group Brands Ltd & Ors v Visa Inc & Ors[1] ...

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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.

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High Court considers jurisdiction over non-EU defendant in proceedings also including domestic defendants

Published on 30 January 2015. By Andy McGregor, Head of Civil Fraud

The decision in Jong v HSBC Private Bank (Monaco) SA and others[i]serves as a useful reminder that the Court will be guided by the substance, and not the form, of proceedings when considering questions of jurisdiction.

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Supreme Court clarification on follow-on damages claims timing

Published on 27 May 2014. By Andy McGregor, Head of Civil Fraud

On 9 April 2014, the Supreme Court, reversing the Court of Appeal's decision, ...

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