Bhakti Patel

Judgments of Note: Death in prison; and a question of tax

Maughan, R (on the application of) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46 (13 November 2020) The Supreme Court favoured the respondent, Her Majesty’s Senior Coroner of Oxfordshire, against the appellant, James Maughan, in a landmark ruling which held that the standard of proof that applies in Coroner’s Inquests is the balance […]

Judgments of Note: Mitsubishi and Enka

Mitsubishi Electric Corporation & Anor v Archos SA & Ors [2020] EWHC 2641 (Pat) (09 October 2020) Sir Alistair Norris at the Patents Court partially favoured claimants Mitsubishi and Sisivel International SA against defendants Archos and others in a litigation concerning standard essential patents (SEPs) in the field of mobile telecommunications. Mitsubishi is the proprietor […]

Judgments of Note: Declaratory relief, Denton principles and insurance

BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA [2020] EWHC 2436 (Comm) (11 September 2020) The Commercial Court favoured the claimant, BNP Paribas SA (the bank) against defendant, Trattamento Rifiuti Metropolitani SPA (TRM) with regard to the bank’s claims for declaratory relief arising out of an interest rate hedging arrangement (the swap) that was entered […]

Judgments of Note: Liverpool Football Club and demurrage claims

Winlink Marketing Ltd v The Liverpool Football Club & Athletic Grounds Ltd [2020] EWHC 2271 (Comm) (14 September 2020) The Commercial Court has favoured defendant, The Liverpool Football Club & Athletic Grounds Limited (LFC) in a £1.25m claim brought by Winlink Marketing Limited. Winlink, a sports intermediary, attempted to rely on an Introduction Agreement which […]

Judgments of Note: Bresco, SSWP and Islington Council

Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25 (17 June 2020) This judgment addresses the interaction between the adjudication process and the insolvency regime. The Supreme Court overturned the Court of Appeal’s decision to prohibit the insolvent appellant, Bresco Electrical Services Limited from referring a dispute with cross-claims to an […]