Latest by Benedict Coxon

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El Dorado in the Commercial Court: Domestic Law, Foreign Law and Foreign Relations

Published on 17 July 2020. By Benedict Coxon, Associate (Australian Qualified)

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Why is a dispute between Mr Nicolás Maduro and Mr Juan Guaidó as the rival contenders to the Presidency of Venezuela being heard by the English Commercial Court? The answer involves US$1 billion of gold reserves held at the Bank of England and who has the authority to deal with them.

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Equitable compensation for breach of fiduciary duty: a question of loss?

Published on 20 February 2020. By Davina Given, Partner and Benedict Coxon, Associate (Australian Qualified)

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A director who extracted money from a company by way of sham invoices may have a defence to an equitable compensation claim for misappropriation of the company's funds, if the director could have lawfully transferred the funds to the same recipients for no value. The Court of Appeal explored this possibility in Auden McKenzie (Pharma Division) Ltd v Patel

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