Breaking cryptocurrency news in Tulip Trading Limited v Bitcoin Association for BSV and others [2022] EWHC 667 (Ch)
Tulip Trading Limited v Bitcoin Association for BSV and others [2022] EWHC 667 (Ch) The High Court has summarily dismissed the highly-publicised multi-billion dollar claim brought against bitcoin software developers, which sought an order for changes to be made to the underlying software code and/or blockchains. It is the first case in the English Courts […]
25th March 2022
James Purchas and Daniel Khoo represent FCA in important CoA case clarifying FSMA s. 21 ‘Financial Conduct Authority v Skinner & Ors.’
The Court of Appeal handed down its judgment this morning in the case of Financial Conduct Authority v Skinner & Ors. The case involved the unlawful promotion of shares to retail investors in Our Price Records Limited. The Financial Conduct Authority sought relief from the directors of the company and those involved in the marketing […]
25th March 2022
Matthew Thorne successful in Tulip Trading Limited v Bitcoin Association for BSV and others [2022] EWHC 141 (Ch)
The Court has now given important consideration to whether and when cryptocurrency can be used as security for costs. The Court earlier ordered the provision of security (as to which, see our case note on [2022] EWHC 2 (Ch)). Matthew Thorne, instructed by O’Melveny & Myers, represents the successful defendants. The Claimant sought to provide […]
10th February 2022
Enforcement of adjudicators’ decisions applying earlier decisions and the (non-existent) concept of the ‘unwaivable’ jurisdictional challenge- Neil Dowers
On 27 January 2022, Neil Dowers obtained summary judgment enforcing an adjudicator’s decision John Graham Construction Ltd v Tecnicas Reunidas UK Ltd [2022] EWHC 155 (TCC). The judgment considers the issues that arise when a second adjudicator applies an earlier adjudication decision (or judgment or arbitration award) and is alleged to have done so wrongly, and […]
7th February 2022
Helen Dennis successful in Bilton & Johnson (Building) Co Limited v Three Rivers Property Investments Limited [2022] EWHC 53 (TCC)
In a decision handed down on 14 January 2022 the TCC allowed a contractor’s application for summary judgment to enforce an adjudicators’ decision dated 2 September 2021. It rejected the defendant employer’s arguments that the decision had been made in excess of jurisdiction and/or breach of natural justice and/or that the adjudicator failed to exhaust […]
26th January 2022
Success in the Court of Appeal for Alexander Wright and Ed Jones on whether or not an innocent victim of fraud is required to give credit for the “time value” of money received in fraudulently induced transactions
Date: 14th January 2022 Neutral Citation: [2022] EWCA Civ 23 Court: Court of Appeal Link: Tuke v Hood [2022] EWCA Civ 23 (14 January 2022) (bailii.org) In an important judgment handed down by the Court of Appeal this morning, Alexander Wright and Ed Jones, acting for the claimant Mike Tuke, have successfully resisted an appeal […]
14th January 2022
Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S. [2021] EWHC 3301 (Comm): High Court upholds award of third-party funding costs- James Leabeater KC
The recent decision of Mrs Justice Moulder DBE in a challenge to an arbitration award brought under section 68 of the Arbitration Act 1996 (“the 1996 Act”) reinforces the reluctance of the English courts to intervene in arbitration appeals. Most importantly, the decision confirms the approach taken in Essar Oilfields Services Ltd v Norscot Rig […]
11th January 2022
New Commercial Court decision on recoverability of funding costs in arbitration ‘Tenke Fungurume Mining SA v Katanga Contracting Services [2021] EWHC 3301 (Comm)’
James Leabeater KC appeared in Tenke Fungurume Mining SA v Katanga Contracting Services [2021] EWHC 3301 (Comm),in which the Court considered whether an arbitral tribunal could award funding costs; specifically, a fee payable under a loan advanced by a company associated with a shareholder to fund costs of the arbitration. Such a fee would not be […]
7th December 2021
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