Companies Court dismisses unfair prejudice petition

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Glencore awarded anti-suit injunction in DRC

In Kamoto Copper Company SA v Africa Horizons Investments Ltd and Ventora Development SASU [2018] EWHC 1086 (Comm) , Mr Justice Males ordered an anti-suit injunction against the defendant companies on the claimant’s application after the second defendant commenced proceedings in the DRC claiming US$2.857bn in relation to the alleged assignment of a royalties agreement…

No jurisdiction for covenant not to sue claim after foreign proceedings

Mr Justice Butcher has upheld a challenge by Vakifbank, a Turkish bank, to the English Court’s jurisdiction to try a claim brought by BTA, a Kazakh bank, and its affiliate. The background was that BTA had given Vakifbank a guarantee, governed by Turkish law, of a debt. By the time Vakifbank called on the guarantee, […]

Case Note: Computer Associates UK Ltd v The Software Incubator Ltd

By Zoe O’Sullivan QC The important decision of the Court of Appeal in Computer Associates UK Ltd v The Software Incubator Ltd [2018] EWCA Civ 518 has held (reversing the judgment of HHJ Waksman QC at first instance) that the supply of software in the form of a download is not a “sale of goods” […]

Development in Sainsbury’s case against Visa’s fees

In the latest decision concerning multilateral interchange fees (“MIFs”) delivered on Friday 23 February, Phillips J held that if Visa’s MIFs were anticompetitive “then they were not exempt under Article 101(3) TFEU and would not have been exempt at any level”…

Sale of credit card portfolio under scrutiny

The judgment of the Commercial Court in CCUK Finance Limited v Barclays Bank PLC reaffirms the principles applicable to applications for summary judgment and/or strike out, and also considers and applies the principles relevant to orders for specific performance…

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