Patents Court holds machine gun bandolier infringed and royalty bearing

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High Court dismisses strike-out application in OMERS v Tesco case

OMERS Administration Corporation & ors v Tesco Plc; (1) Manning & Napier Fund, Inc. (2) Exeter Trust Company v Tesco Plc Mr Justice Hildyard has today dismissed an application by Tesco to strike out claims for over £700m brought by two groups of institutional investors. The claims relate to Tesco’s profit overstatements, which were revealed […]

Commercial Court grants summary judgment to FBN Bank (UK) Limited

By Nehali Shah FBN applied for permission to apply for summary judgment (in the absence of an acknowledgment of service or defence) and for summary judgment in its claim for over US$7m under a facility agreement. Jacobs J considered the applicable principles guiding the court’s discretion to grant permission to apply for summary judgment under […]

Commercial Court dismisses Yukos auction rigging claim

By Sebastian Isaac, Abra Bompas The High Court has dismissed a claim for up to £35 million brought by the former management of Yukos Oil Company against five individuals who were alleged to have colluded with the Russian state to rig an auction of a valuable Yukos subsidiary, Yukos Finance BV.  The claim was governed by Russian […]

Chancery Division applies principles of trusts and restitution to award 1948 funds of the Nizam of Hyderabad the money to India and others, dismissing the claims of Pakistan

High Commissioner for Pakistan in the United Kingdom v Prince Muffakham Jah and Others [2019] EWHC 2551 (Ch) By a judgment handed down on 2nd October 2019, Mr Justice Marcus Smith dismissed claims by Pakistan to a sum now around £35 million (“the Fund”) which had been held for over 70 years by the National Westminster […]

Court of Appeal sets out new test for rectification

Terra Firma has successfully upheld in the Court of Appeal the judgment it obtained from the High Court allowing rectification of the terms of a private equity financing transaction completed in 2012, concerning the Four Seasons care homes business. The Court of Appeal’s judgment is now the leading decision in this complex but important area […]

Latest Briefings

Slowly getting to grips with unjust enrichment and Jersey’s legal hot potatoes (CMC v Forster)

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Anti-Bartlett clauses – Normal service resumed…

By Jennifer Fox, Rebecca Findlay Introduction Those in the private wealth and trusts industry will be well aware of ‘Anti-Bartlett clauses’ in trust deeds. Such clauses are drafted to exclude the duty of a trustee to supervise or intervene in the business affairs of companies in which the trust holds shares. The first instance decision […]

The ‘good old’ internal market order: The industrial and economic agenda of the von der Leyen commission and what businesses in central and eastern Europe can expect

By Dessislava Fessenko The new European Commission led by Ursula von der Leyen took office on 2 December. Among the challenges it faces is the daunting task of restoring Europe’s competitiveness and economic prowess by completing the full integration of its internal market and strengthening Europe’s industrial and technology base. How Thierry Breton, the new […]

A whirlwind review: Ontario court of appeal employment cases 2018 – 2019

By P.A. Neena Gupta The Ontario Court of Appeal has a well-earned reputation of being an extremely hard-working and prolific court. The last 12 months have been no exception. This review highlights the decisions that have emphasized or even shifted key principles of employment law. 1. There is a difference between an individual’s rights as […]

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