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Sam Neaman successful in High Court Claim Analysing Scope of Law relating to Tomlin orders

14.09.21

Sam Neaman successful in High Court case of Trebisol Sud Ouest SAS & Anr v Berkley Finance Ltd & Ors [2021] EWHC 2494

Sam Neaman, representing the Claimants, Trebisol Sud Ouest SAS and Soldefi SAS, has won the long-running international High Court commercial litigation relating to the financing of photovoltaic power plants in Eastern Europe.

First launched in early 2013 by way of worldwide freezing injunction, the claim was originally compromised by a settlement agreement, scheduled to a Tomlin Order, but the stay was lifted in 2017 when the Defendants failed to comply with the terms of the agreement.

Sam, instructed by the excellent commercial litigation team at Kingsley Napley, led by partner Fiona Simpson, successfully defeated the Defendants’ defences of variation, waiver, novation, further compromise, and estoppel, as well as seeing off their counterclaim.

The judgment for c.€2 million plus costs provides an invaluable analysis of the law relating to Tomlin Orders, and when the terms of a settlement agreement attached to a Tomlin Order can be enforced in the original proceedings, as well as a useful summary of the law shaping the courts’ approach to contracts which are alleged to be void for uncertainty.

Click here to view the full judgment

Click here to view the Civil litigation brief

 

 

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