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Commercial Law

Commercial debt assignment: James Bickford Smith succeeds in Chancery appeal
Added: 08.10.2019   |  Tags:  Comments  Commercial Law  On Financial Services
LexisNexis interviewed James about his success in Nicoll v Promontoria (Ram 2) Ltd [2019] EWHC 2410 (Ch). The interview below is reprinted with their permission:

Bailing out Lehman Brothers?
Added: 01.10.2019   |  Tags:  Comments  Commercial Law  Articles  Dispute Resolution
Lehman Brothers International (Europe) (In Administration) v Exotix Partners LLP [2019] EWHC 2380 (Ch) is another reminder of the flexibility of contractual construction as an alternative to rectification for subjective mistakes.

Adam Solomon QC succeeds in getting freezing order discharged.
Added: 27.09.2019   |  Tags:  News  Cases  Commercial Law
Adam Solomon QC, acted for the Second Respondent in this return date on a freezing order.

Alexander Halban writes on exclusive jurisdiction in company disputes: clarification from the Supreme Court
Added: 04.09.2019   |  Tags:  Comments  Commercial Law
The Supreme Court has handed down an important judgment on article 24(2) of the Brussels I Regulation (EC 1215/2012), clarifying when the English court has exclusive jurisdiction to determine a dispute relating to an English company; and whether the article can be used to litigate in England disputes concerning foreign companies in the same group.

David Lascelles writes on Important Court of Appeal decision on rectification
Added: 02.08.2019   |  Tags:  News  Comments  Cases  Commercial Law
David Lascelles writes on Important Court of Appeal decision on rectification

Littleton’s Jonathan Cohen QC represents leading insurance company in civil fraud action
Added: 03.07.2019   |  Tags:  News  Cases  Commercial Law  Asset Tracing and Fraud
Littleton’s Jonathan Cohen QC represents leading insurance company in civil fraud action

Jurisdiction Provisions and Settlement Agreements
Added: 19.06.2019   |  Tags:  Comments  Commercial Law  Employment Law
Nicholas Siddall QC considers the recent decision of the Court of Appeal in Merinson-v-Yukos International UK BV & Ors [2019] EWCA Civ 830 which is a salutary warning to drafters of the effect of the Recast Brussels Regulation (“Brussels”) on jurisdictional provisions in a settlement agreement.

Stuart Sanders writes Damages in share sales: affirming the orthodox approach
Added: 28.05.2019   |  Tags:  Comments  Commercial Law
In Oversea-Chinese Banking Corporation Limited v ING Bank NV [2019] EWHC 676 (Comm), Moulder J rejected a purchaser’s claim that their damages for breach of warranty should be calculated by reference to a hypothetical indemnity which they would have negotiated with the seller had the true position been disclosed prior to entering into the agreement.

Madoff ‘feeder fund’ appeal: Privy Council rules that BVI insolvency remedies can be granted in foreign courts
Added: 28.05.2019   |  Tags:  Comments  Commercial Law  International & Offshore
Madoff ‘feeder fund’ appeal: Privy Council rules that BVI insolvency remedies can be granted in foreign courts

Jonathan Cohen QC and Ashley Cukier in Court of Appeal victory over sale of Gauguin masterpiece
Added: 14.05.2019   |  Tags:  News  Cases  Commercial Law
The Court of Appeal today handed down its judgment in Staechelin & Ors v ACLBDD Holdings Limited & Ors [2019] EWCA Civ [XXX], upholding the decision of Morgan J at first instance. Jonathan Cohen QC and Ashley Cukier represented the successful Respondent de Pury & de Pury LLP, whose entitlement to a $10 million commission in respect of the sale of a Gauguin painting, Nafea faa ipoipo (“When will yo

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