DIFC Court of Appeal: Important New Jurisdiction Judgment
In September 2022 the DIFC Court held in Jones v Jones that it has an unfettered freestanding jurisdiction to grant injunctions, without any reference to jurisdictional gateways (see Laurence Page’s note). On 6 September 2023, a year later, the DIFC Court of Appeal has found that Jones v Jones was wrong. Injunctive relief can be […]
6th September 2023
Anti Suit Injunctions and Foreign IP claims: Topalsson judgment
On 17 August 2023, Waksman J handed down judgment in Topalsson v Rolls-Royce [2023] EWHC 2092 (TCC). Matthew Lavy KC and Gideon Shirazi acted for Topalsson; Alex Charlton KC and Iain Munro acted for Rolls-Royce. Topalsson is a German company which had developed cutting-edge automotive software. It had agreed to a project to implement and […]
23rd August 2023
Elliott Cook acts for FCA in unauthorised collective investment scheme case: ‘FCA v Forster & Ors’
On 28 July 2023, the High Court handed down judgment in The Financial Conduct Authority v Forster & Ors [2023] EWHC 1973 (Ch), a claim by the FCA relating to an unauthorised collective investment scheme. The unlawful scheme involved the sale to investors of 125-year leases in individual rooms within care homes owned by Qualia […]
7th August 2023
TCC hands down judgment in ‘ISG Retail Limited V FK Construction Limited [2023] EWHC 2012’
Yesterday, the TCC handed down judgment in the long running dispute regarding default payee notices ‘ISG Retail Limited V FK Construction Limited [2023] EWHC 2012’. It concerns default payee notices under s110B(4) of the Construction Act, and the restitution of sums paid under an adjudicator’s decision that is later found by the Court to have […]
3rd August 2023
Keeping things simple: complexity and time pressures in adjudication
The TCC yesterday handed down judgment in Home Group Limited v MPS Housing Limited [2023] EWHC 1926 (KB), enforcing an adjudication for over £6.5 million. Matthew Thorne (instructed by Devonshires Solicitors LLP) acted for the successful claimant. Background The claimant (Home Group) is a social housing provider and owns thousands of properties in England and Scotland. The underlying contract, […]
26th July 2023
Judgment handed down in an appeal which raised issues of wider importance for the QFC and Qatari law- Simon Hale
Simon Hale appeared on behalf of the defendant bank in an appeal against a first instance decision in the Civil and Commercial Court of the Qatar Financial Centre (the “QFC”), which raised issues of wider importance for the QFC and Qatari law. Background In 2014-2015, the Government of Qatar introduced a policy to provide better […]
25th July 2023
Judgment handed down in Vinci Construction UK Ltd v (1) Eastwood and Partners (Consulting Engineers) Ltd (2) Snowden Seamless Floors Ltd v GHW Consulting Engineers Ltd [2023] EWHC 1899 (TCC)- Simon Hale
This morning, the Technology and Construction Court handed down judgment in Vinci Construction UK Ltd v (1) Eastwood and Partners (Consulting Engineers) Ltd (2) Snowden Seamless Floors Ltd v GHW Consulting Engineers Ltd. The case concerned cracking in a floor slab at a large warehouse in Bradford. The judgment considers principles set out in the […]
24th July 2023
Simon Goldstone successful in s994 Companies Act (Unfair Prejudice) trial
This morning the Companies Court (ICC Judge Prentis) handed down judgment on a Petition concerning Mitt Wearables Ltd, a start-up company designing and manufacturing revolutionary prosthetic limbs. The Petition was brought by a co-founder who had been dismissed following what he said was a premeditated scheme to dilute his shareholding and misappropriate the Company’s assets. […]
19th July 2023
Commercial Court hands down judgment in BSkyB & Mace v Riverstone [2023] EWHC 1207 (Comm) in which Simon Goldstone acted for Insurers
Last month the Commercial Court handed down judgment in a £200m CAR Insurance claim between BSkyB & Mace v Riverstone. HHJ Pelling KC found that Insurers’ arguments concerning the period of insurance were correct and, in the premises, rejected the Claimants’ claims for indemnities for the costs of remedial schemes addressing damage that post dates […]
14th July 2023
Judgment handed down in Topalsson v Rolls-Royce Motor Cars [2023] EWHC 1756 (TCC)
Yesterday, the Technology and Construction Court handed down an interesting judgment in Topalsson v Rolls-Royce Motor Cars. The dispute was in relation to the Service Agreement for the supply of Future Configurator Landscape between Topalsson (a software and services company specialising in digital data visualisation based in Germany) and Rolls-Royce (a subsidiary of BMW). Terry […]
13th July 2023
Cayman Islands Court of Appeal delivers judgment in significant Constitutional case- Alex Potts KC
On 4 July 2023, the Cayman Islands Court of Appeal delivered judgment in a significant Constitutional case, arising out of a judicial review challenge to the Cayman Islands’ Governor’s enactment of the Civil Partnership Act 2020, using his Reserved Powers under sections 55 and 81 of the Constitution. Alex Potts KC appeared for the successful […]
5th July 2023
A significant development in Covid-19 BI insurance litigation – concurrent causation applies to “at the premises” wordings: London International Exhibition Centre Plc v Royal & Sun Alliance Insurance Plc & Ors
On 16 June 2023, the High Court handed down judgment in the above matter ([2023] EWHC 1481 (Comm)), which involved members of chambers, Aidan Christie KC, Michael Davie KC, Martyn Naylor and Anna Hoffmann. The judgment considered the application of the analysis by the Supreme Court in the seminal case The FCA v Arch & […]
21st June 2023
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