Commercial Court clarifies requirements for appointing arbitrators in ARI v WXJ [2022] EWHC 1543 (Comm) – James...
In ARI v WXJ [2022] EWHC 1543 (Comm) Foxton J considered when an arbitrator is validly appointed under English arbitration law. James Leabeater KC and Gideon Shirazi acted for the party pseudonymised as WXJ. The facts of the case were that an LMAA arbitration clause required the arbitration respondent to appoint an arbitrator within a […]
25th July 2022
First English judgment on patent laundering in ASSIA v BT [2022] EWHC 1707 (Ch)- Gideon Shirazi
In ASSIA v BT [2022] EWHC 1707 (Ch), Falk J gave the first English judgment interpreting a patent laundering clause. Gideon Shirazi (with Nicholas Saunders KC of Brick Court) acted for the successful party, BT. Patent laundering clauses are clauses a type of clause commonly found in patent licences, especially those licensing use in the […]
22nd July 2022
Laurence Page successful in Nicholas James Care Homes Ltd v Liberty Homes (Kent) Limited
Introduction In Nicholas James Care Homes Ltd v Liberty Homes (Kent) Limited [2022] EWHC 1203 (TCC), the Technology and Construction Court granted a freezing injunction to a claimant in underlying adjudication enforcement proceedings for what is believed to be the first time. Laurence Page acted for the successful applicant. The background Liberty Homes was contracted […]
30th May 2022
Laurence Page successful in rare application for a freezing injunction in support of ongoing adjudication enforcement...
The Technology and Construction Court handed down its judgment on 19 May 2022 in the case of Nicholas James Care Homes Ltd v Liberty Homes (Kent) Limited [2022] EWHC 1203 (TCC). Laurence Page represented the successful Claimant in a rare application for a freezing injunction in support of ongoing adjudication enforcement proceedings. Liberty had issued […]
20th May 2022
James Purchas and Rebecca Keating successful in substantial pension mis-selling FCA case ‘Page & Ors. V...
The Upper Tribunal handed down its judgment on Wednesday 4 May in the case of Page & Ors. V Financial Conduct Authority. James and Rebecca represented the successful Financial Conduct Authority in its case against 5 individuals involving the transfer of more than 1,500 retail customers’ pensions totalling more than £60 million, which was invested […]
6th May 2022
Kajetan Wandowicz successful in an important case for the law of mistake ‘Longley v PPB Entertainment Limited...
Mrs Justice Ellenbogen has handed down her judgment in Longley v PPB Entertainment Limited & Ors [2022] EWHC 977 (QB), in which Kajetan Wandowicz appeared as sole counsel for the successful defendants. The judgment contains an analysis on whether a defence of unilateral mistake can be established on the basis of the claimant’s constructive knowledge […]
3rd May 2022
The “Tai Prize”: permission to appeal refused by the Supreme Court
The Supreme Court has refused permission to appeal in The “Tai Prize”, so affirming the decision of the Court of Appeal ([2021] EWCA Civ 87; [2021] 2 Lloyd’s Rep 36). That decision, commented on more fully here, therefore stands as the leading authority on a number of important issues concerning inter alia the meaning of […]
25th April 2022
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...
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...
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...
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
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