BAT Industries plc v Windward Prospects Ltd and Appleton Papers Inc

Gavin Kealey QC and Tim Jenns acted for the claimant, BAT Industries, in a substantial jurisdiction application.

BAT’s claim is for a declaration of its rights of indemnity against the first defendant (Windward), an English company, and the second defendant (API), a company incorporated in Delaware, in respect of liabilities potentially exceeding $250m (£150m).

The liabilities against which BAT claims to be indemnified are principally its potential liability (together with API) to a US company named NCR Corporation…

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