Serle Court Briefing - March 2024
Welcome to Serle Court's March 2024 Briefing! In this Easter edition, we bring you the latest trends in news, events and cases shared by our barristers, Practice Management and BD team. All headings are hyperlinked, so you can head straight to our social platforms to read the online content. With Spring arriving and the earth laughing in flowers, we hope you enjoy reading.?
Announcements
Serle Court is delighted to announce that chambers has been ranked as a set?in Dispute Resolution: Commercial (Band 2), Dispute Resolution: Commercial Chancery (Band 1), Offshore (Bar) (Band 1), and Restructuring/Insolvency (Band 4) in the Chambers Global Guide 2024 (UK). And in Dispute Resolution: The English Bar (Band 1) (United Arab Emirates).
37 barristers?have received rankings?across 7 practice areas as global specialists; with a?total of 74?individual rankings across chambers.?
Serle Court was?thrilled to be awarded the Middle East-Wide Dispute Resolution: Leading UK Barristers’ Set award at the Chambers and Partners Middle East Awards 2024. Our Practice Director, Dan Wheeler , collected the award on behalf of chambers at the ceremony in Dubai on 8 March.?
The awards recognise the pre-eminence of law firms and chambers in key jurisdictions in the region, reflecting outstanding work, impressive strategic growth, and excellence in client service over the past 12 months. It is an honour to be recognised for our efforts, especially as Serle Court is ranked Band 1, United Arab Emirates: Dispute Resolution: The English Bar in the Chambers Global Guide.
Serle Court is recognised as a leading set in the Legal 500's EMEA Guide 2024 in ‘Middle East: the English Bar: Commercial' category.? Legal 500 quotes client comment that Serle Court ‘deservedly has an excellent reputation for DIFC cases’ and notes Chambers’ equally strong presence in the Middle East arbitration space, acting as both counsel and arbitrators, with five barristers receiving rankings in Tiers 1 and 2.? We extend our heartfelt gratitude to all our clients who took the time to share their positive feedback with the Legal 500 team.
Serle Court Cases?
“Members of Serle Court have been involved in cases across the commercial chancery field and around the world, bringing our unique combination of expertise to bear on disputes between parties ranging from major international companies to individuals and families or charities. We have litigated, arbitrated and managed disputes from Hong Kong and Singapore to the Caribbean and Kentucky, have been involved in cases from developing the strategy at the beginning of disputes up to arguing discrete points of law in the highest level of the courts, and are involved in editing some of the major text books in our field. We hope you find it an interesting read.”?Elizabeth Jones KC, Head of Chambers.
Constance McDonnell KC and George Vare , assisted by Anneliese M. , acted on behalf of the successful Claimants in this contested probate claim (instructed by Bernadette Baker, Kate Harris, and Anna Lambert of Birketts LLP).?The Claimants successfully argued that the Deceased neither had testamentary capacity at the time of executing a purported final will nor knew and approved of its contents. The comprehensive judgment of Mrs Justice Joanna Smith DBE will no doubt be of interest to practitioners in this field, in particular as regards the court’s approach to medical expert evidence in such cases and the operation of limbs 1 and 4 of?Banks v Goodfellow.
Lance Ashworth KC and Dan McCourt Fritz KC acted on behalf of the successful appellants, THG plc and others, in this unfair prejudice petition, instructed by Catherine Naylor and Tom Cox at Gowling WLG (UK) LLP.?The detailed judgment of Lewison LJ will be of great interest to anyone practising in this area as well as anyone seeking to address the ratio of a prior decision. Paul Chaisty KC?of Serle Court and King's Chambers represented the respondent.
Dan McCourt Fritz KC and Ramyaa Veerabathran?successfully represented the respondent controlling shareholder, Ivy Loveridge, in an application made by her son, Michael Loveridge, under paragraph 74 of Schedule B1 to the Insolvency Act 1986 (the?“Insolvency Application”) seeking to prevent the administrators of Breton Park Residential Homes Ltd (“Breton Park”) from rescuing it as a going concern on the basis that the proposed rescue would be unfair to his interests, purportedly as a shareholder of the company.
Michael Edenborough KC and Thomas St Quintin?(Hogarth Chambers) (instructed by Brandsmiths) acted?for the successful Respondent in the Supreme Court, which dismissed Amazon’s appeal on whether its amazon.com site had targeted customers in the UK. This now becomes the leading judgment on targeting and will provide helpful, detailed guidance on the matter.
The High Court has handed down a sentence of 12 months against the Respondent to a committal application in the long-running fraud case Isbilen v Turk. Dan McCourt Fritz KC and Andrew Gurr , instructed by Peters & Peters, acted for the successful applicant, Mrs Isbilen.?The judgment of Sir Anthony Mann on liability ([2024] EWHC 505 (Ch)) is available?here.
Thought Leadership
andrew francis considers (with reference to a recent judgment of the Planning Court in?House v Waverley BC) a frequently overlooked area of property law where private rights under restrictive covenants are on a course which might collide with public law rights under planning law.
In an article for LexisNexis Restructuring & Insolvency,?Matthew Innes discusses the recent decision of the High Court in the matter of?Wifime Limited (in liquidation)?[2023] EWHC 3072 (Ch).?The decision is a good example of?how?a respondent to an application for summary judgment can derail the application with new evidence on the day of the hearing.?
On Thursday, 11 April, the Honourable Society of Lincolns Inn will be holding the launch and presentation of?Building Bridges in European and Human Rights Law?in honour and memory of Paul Heim CMG, Bencher of Lincoln's Inn, and founder of the Inn’s European Group.
Professor Suzanne Rab is, one of the editors of the edition, in addition to Michael-James Clifton and David Scorey KC.
In an article for LexisNexis,?Niamh Herrett discusses the recent decision of the Court of Appeal in?Easygroup Ltd v Easy Live (Services) Ltd and others?[2023] EWCA Civ 1508. The judgment provides a much needed examination of the recognised heads of damage for the tort of passing off which now unequivocally includes damage to a claimant’s existing or prospective licensing/endorsement business. To read the article in full, please click here. (paywalled).?
In an article for Trust & Trustees, Paul Adams?discusses the circumstances in which proprietary claims can be made by intermediate recipients of the proceeds of fraud.?To read the article in full, please click?here?(paywalled).
In the latest issue of?ThoughtLeaders4 FIRE Magazine, Wilson Leung looks at the court’s power to appoint an interim receiver in pending bankruptcy proceedings pursuant to s.286 of the Insolvency Act 1986. The article discusses the decision in?Eternity Sky Investments Ltd v Estate of Zhang Zhenxin?[2023] EWHC 2744 (Ch) (in which Wilson acted as counsel, led by Philip Marshall KC , a rare illustration of the court deploying this power, which provides useful guidance on the applicable test. To read Wilson’s article, please click?here.
Jonathan Upton features in the latest edition of the ThoughtLeaders4 Disputes Magazine?Issue 12 'Clarity In Conflict: New Perspectives On Dispute Resolution'?in a ‘60 Seconds with…’ interview.
Jonathan answers questions such as:
To read Jonathan's interview, please click?here.
George Vare analyses recent decision in Leonard v Leonard
In an article for LexisNexis,? George Vare analyses the recent decision in?Leonard v Leonard?[2024] EWHC 321 (ChD), in which George appeared as junior counsel for the successful claimants. George was led by? Constance McDonnell KC and assisted by? Anneliese M. .?To read the article in full, please click?here?(paywalled).
In case you missed it?
ThoughtLeaders4 Disputes: Funding Litigation Against Financial Institutions & Big Corporates in 2024 - Issues For your Radar?(remote event).
Jonathan McDonagh?joined this panel?alongside Charlie Rooke (Burford Capital) and Jeremy Evans (Pogust Goodhead) for?ThoughtLeaders4 Disputes: Funding Litigation Against Financial Institutions & Big Corporates in 2024 - Issues For Your Radar?online event, taking place on Monday, 19 February. This session explores these broad themes and in particular:
Serle Court was a networking partner at the?Thought Leaders4 FIRE Starters Global Summit: Dublin | Serle Court?conference, which took place at the Conrad Hotel in Dublin from 21 - 23 February.?Our team, James Mather, Zahler Bryan and Colin Bunyan (Senior Practice Manager) attended the conference.?
Constance McDonnell KC spoke?at?White Paper Conferences 'Contentious Probate 2024: Shaping New Law into Solution-Focused Answers for Your Clients' conference on?Tuesday 27 February at The Caledonian Club, London. Constance spoke in a session titled?How far can you push the court on reasonable financial provision for adult children, long-term cohabitees and spouses benefitting from life-interest trusts?
Zoe O'Sullivan KCspoke?at this conference at?The Caledonian Club on?Wednesday, 28 February. Zoe joined the?following panel session: What is realistic and achievable when seeking disclosure orders against third parties overseas, and how do you do it swiftly and cost-effectively??
Kuldip Singh KC spoke?alongside Oliver Hayams (South Square), Ben Ko (Baker McKenzie) and Michael Brown (Penningtons Manches Cooper).? Suzanne Rab spoke?at the conference with Salina Brindle (Burford Capital), Elena S. Rey (Brown Rudnick), Oliver Hayes (Balance Legal Capital) and Eleanore DI Claudio (Simmons & Simmons). David Blayney KC attended the conference.??
领英推荐
Serle Court was Bronze Sponsor at?Informa Connect's?6th Annual Asset Recovery International Conference 2024 from 28 February -1 March in Dublin.
Our Head of Chambers,?Elizabeth Jones KC, spoke?on Thursday, 29 February, alongside Sarocha Thongperm (Weerawong, Chinnavat & Partners),?Kostiantyn Likarchuk (Avellum) and?Charlotte Bhania (PCB Byrne). Justin Higgo KC?and Jennifer Meech ?attended?this conference.
Rupert Reed KC spoke?at?The Commercial Bar Association (Combar): 2nd Gulf Round Table?on Thursday, 29 February, at the Capital Club in Dubai.
Rupert joined a panel?alongside?Justina Stewart (Outer Temple Chambers), Rebecca Copley (Eversheds Sutherland), David Holloway (Al Tamimi) and Alex Potts KC (4 Pump Court) entitled?Banking and financial services litigation in the UAE – a rich tapestry of legal systems and challenges.?Rupert considered?The remaining duty of good faith in Dubai banking law.
Serle Court was a knowledge partner at?ThoughtLeaders4 Disputes: The UK Commercial Property Litigation and Disputes Forum 2024 on Thursday, 29 February. The conference explored issues, both perennial and recent, that impact the field of property litigation and disputes.
Christopher Stoner KC spoke?alongside?Rashpal Soomal (Eversheds Sutherland),?Gary Lawrenson (Osborne Clarke) and?Liam Dunford.? Jonathan Upton ?and? Michael Walsh ?spoke?alongside Scott Goldstein (Payne Hicks Beach) on the panel titled Service charges and management in mixed-use developments.?
Rupert Reed KC spoke?at the?Riyadh International Disputes Week?(3 – 7 March 2024) as a Freshfields Bruckhaus Deringer guest speaker. Rupert was?joined by Amani Khalifa (Partner, Freshfields), Amr Oman (Senior Associate, Freshfields), and Professor Dr Hadi Slim (Law Professor at Francois-Rabelais University, France) ?in a discussion on Saudi Civil Transactions Law from a Comparative Perspective.
Giles Richardson KC spoke at Farrer & Co's Annual Trustee?Seminar?on Tuesday, 5 March. The seminar focused on trustee investment decision-making in the context of impact and ESG investments. Giles spoke?alongside?Dylan Samuel (Banque Lombard Odier & Cie SA),?Mustafa Hussain?(Accuro),?Georgina James?and?Joanna Poole,?with?Jennifer Ridgway?chairing.?
Jonathan Fowles addressed?members of the Charity Law Association at their 5 March meeting. Jonathan spoke?about the Supreme Court case of?Merton LBC v Nuffield Health ?[2023] UKSC 18, in which Jonathan?appeared for the Appellant, and in particular about the important charity law aspects and implications of the Supreme Court’s judgment.
Emma Hargreaves spoke?at?ThoughtLeaders4 HNW Divorce: The Second Annual HNW Divorce Next Gen Summit on Thursday, 14 March. Returning for a second year, this event equips next-generation practitioners with the knowledge to? develop their skills and become HNW Divorce experts??
Amy Proferes , Andrew Gurr , and George Vare presented the fifth briefing in our?Property in Practice series?over breakfast, titled Planning for protest: an essential toolkit for property practitioners on Thursday, 14 March. The panel focused on the judgments in?Wolverhampton City Council v London Gypsies and Travellers,?Dyer v Webb, and?Cuciurean v Secretary of State for Transport, High Speed Two (HS2) Ltd.
Suzanne Rab gave?the opening address at this conference, which took place?on Friday, 15 March. Suzanne provided her reflections on the experience of the Subsidy Control Act 2022, one year on.
Serle Court was delighted to be a panel sponsor at the Informa Connect & ConTra 7th Trusts in Litigation Conference 2024, which took place from 20 to 22 March in Budapest.?
Amy Proferes spoke on Thursday, 21 March in the main conference room alongside?Jemma Goddard (Stewarts) and Nick Williams (Ogier) on the?following panel session:?So, sue me: The Guardian Trust principle and third party claims against the trust.? George Vare also attended this conference. Our barristers were accompanied by Practice Director Dan Wheeler and Senior Practice Manager? Arron Snipe
Richard Wilson KC ?spoke?at The STEP Bahamas conference from 21 - 22 March.?Richard spoke?alongside Marco Turnquest (Lennox Patton), John Wilson KC (Mckinney, Bancroft & Hughes) and Ziva Robertson (Charles Russell Speechlys).?
Where to see our barristers next
On Thursday, 11 April, the Honourable Society of Lincolns Inn will be holding the launch and presentation of?Building Bridges in European and Human Rights Law?in honour and memory of Paul Heim CMG, Bencher of Lincoln's Inn, and founder of the Inn’s European Group.
Suzanne Rab is one of the editors of the edition, in addition to Michael-James Clifton and?David Scorey, KC.
Zahler Bryan will speak at?ThoughtLeaders4 Private Client: Private Wealth and Natural Capital: Issues for Clients and Advisers?virtual event taking place on Monday, 15 April.?
At 12:05pm, Zahler will be joined by Kevin Kennedy (Burges Salmon),?Paul Douglas (Accuro),?Catherine De Maid (Burges Salmon), Thomas Hohne-Sparborth?(Lombard Odier), Ross Simpson (Burges Salmon) and Tim Williams (Burges Salmon).?
Jennifer Haywood will speak at the?Chancery Bar Association: Geneva Conference?taking place on Thursday, 18 April.?Jennifer will be joined by Thomas Robinson (Wilberforce Chambers) and Alex Potts KC (4 Pump Court) on the following panel?Arbitration: Issues in Shareholder, Insolvency and Trust Disputes.?
Leading former Serle Court member?Victor Joffe KC, SC (Temple Chambers, Hong Kong), and six Serle Court barristers, Daniel Lightman KC, Tim Collingwood KC , Giles Richardson KC , David Drake , Thomas Elias and Zahler Bryan , have authored the 7th Edition of?Minority Shareholders - Law, Practice, and Procedure?published?by?Oxford University Press.?
A book launch event will take place at the?Royal College of Surgeons?from?6:30 pm to 10 pm on?Thursday, 18 April 2024.
We are committed to delivering a high-quality programme of talks to assist our clients with knowledge development and training sessions. On request, we can offer thought-provoking expert seminars across all areas of commercial chancery practice to clients and contacts.
Previous talks have considered a wide range of topics, including a private client series, an offshore series, a commercial litigation and civil fraud series, a company and insolvency series, an intellectual property series, and a DIFC and Middle East series. For more information, please click here.
ITeasers post 083:?"A – pop – riation Art?"??by? Anneliese M.
IP ITeasers post 082:?"Book Blurb Bonanza"?by? Michael Edenborough KC
IP ITeasers post 081:?"Referees’ ‘ritten rights"?by?Michael Edenborough KC
IP ITeasers post 080:?"Critics’ Christmas Cornucopia"?by?Michael Edenborough KC
IP ITeasers post 079:?"Copyright?cada cara"?by?Michael Edenborough KC
Read more about Serle Court's expertise in Intellectual Property here.
LinkedIn Groups
Serle Court has a number of other LinkedIn group pages to encourage discussion and open debate on various legal issues, hot topics and the most complex commercial and chancery cases. For our main LinkedIn page, click here.?
Our LinkedIn groups:
Best wishes,