Latest by Andy McGregor

Blog

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

Published on 07 March 2018. By Elizabeth Wiggin, Associate and Andy McGregor, Partner

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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, Partner 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, Partner

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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, Senior Associate and Andy McGregor, Partner

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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, Partner

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, Partner

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, Senior Associate and Andy McGregor, Partner

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, Partner

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, Partner

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

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