Latest by Alan Williams

Publication

Fund management litigation

Published on 03 April 2017. By Alan Williams, Senior Associate

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Recourse for LP investors when an investment goes wrong

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Blog

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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Blog

Pension Deed rectified by Summary Judgment without a hearing

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

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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.

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Blog

Don't gamble on a wager

Published on 13 April 2016. By Alan Williams, Senior Associate 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.

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Blog

Time lost may never be found again

Published on 01 March 2016. By Alan Williams, Senior Associate 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.

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Blog

Tracing Mr Maluf's millions

Published on 28 September 2015. By Alan Williams, Senior Associate 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.

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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, Senior Associate 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.

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Blog

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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Blog

Turning the clock back

Published on 15 September 2014. By Alan Williams, Senior Associate

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.

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Blog

Interim decision in SFO's battle with Tchenguiz brothers

Published on 16 May 2014. By Alan Williams, Senior Associate

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

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