Related briefings

High Court rejects joinder of non-participating representative defendants to pre- and post-Brexit database rights claim

On 1 December 2021 Mr Justice Marcus Smith handed down judgment in the case of Genius Sports Technologies Ltd & ors v Soft Construct (Malta) Ltd & ors [2021] EWHC 3200 (Ch). Applying the recent Judgment of the UK Supreme Court in Lloyd v Google [2021] UKSC 50, the Court rejected the Claimants’ proposal for joinder of five defendants in a non-participating representative capacity.

Deutsche Bank succeeds in landmark appeal on the interpretation of competing subordinated debts in the Lehman Group and the effect of guarantee payments in an insolvency

On 20 October 2021, the Court of Appeal (Lewison, Henderson and Asplin LJJ) handed down its judgment ([2021] EWCA Civ 1523) in a landmark case concerning how a surplus (estimated to be between £800 million and £1 billion) should be divided among the subordinated creditors in the administrations of LB Holdings Intermediate 2 Ltd and Lehman Brothers Holdings PLC.

Deutsche Bank v Busto di Arsizio [2021] EWHC 2706 (Comm)

The Commercial Court (Financial List) has given a significant judgment in the first of the Italian swaps cases to consider the landmark Italian Supreme Court decision in Banca Nazionale Del Lavoro S.P.A v Municipality of Cattolica, holding that it was open to the English court to diverge from an authority of the highest court in a foreign legal system if satisfied on the evidence that the authority does not represent the law.

Latest Briefings

European public procurement: Commentary on Directive 2014/24/EU

The detailed commentary on European public procurement provides an authoritative interpretation of each provision in the main EU Directive on public procurement – Directive 2014/24/EU. It also highlights the application problems and interpretative issues being raised in EU Member States, which in due time will make their way up to the CJEU or even require further legislative interventions.

There is no normal: rapid change requires resilience

Phil Muller, director of legal services at Williams Lea, explains why law firms need to make better use of data, technology and distributed working to future-proof their business models.

Offshore Litigation: Rule in Gibbs applied – Recognition of Singapore moratoria denied in Scotland

In the recent Scottish case of Chang Chin Fen v Cosco Shipping (Qidong) Offshore Ltd, the Outer House of the Court of Session refused petitions brought by debtor companies under the Cross-Border Insolvency Regulations, 2006 to, amongst other things, recognise moratoria obtained in the Singapore High Court on the basis that to do so would prejudice the rights of a creditor to claim under its English-law governed debt, which stood outside the proposed Singapore schemes.

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Pushpinder Saini

Blackstone, Brick Court and 11KBW silks among seven QCs appointed High Court judges

The High Court today announced the appointment of seven justices, including barristers from Blackstone Chambers and Brick Court. The appointments are due to take effect from September, with a further 10 appointments due to be announced later this year. The silks will fill vacancies in the High Court following promotions to the Court of Appeal […]

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