Serle Court Briefing - May 2024
Welcome to Serle Court’s May 2024 Briefing! As we start Trinity term, we are excited to bring you double the fun by reflecting on the news, events, and cases shared by our barristers, Practice Management team and BD team over the past two months. We will also look ahead to London International Disputes Week (LIDW).
All headings are hyperlinked, so you can head straight to our social platforms to read the online content. We hope this newsletter keeps you well-informed as we eagerly await the warmer temperatures and bluer skies of the English summertime which we hope will adorn our Client Party at the end of this month.
??Announcements ??
We are pleased to congratulate two Serle Court Juniors, Gregor Hogan and Stephanie Thompson, who have both been shortlisted as two of the four 'Star Juniors' at the Chambers and Partners High Net Worth Awards 2024.
Serle Court has also been shortlisted for the 'Set of the Year' award. Serle Court was awarded 'Set of the Year' at the Chambers HNW Awards 2022, and shortlisted for the same award in 2023. These shortlistings showcase the sheer brilliance of our Private Client, Offshore and High Net Worth barristers and their commitment to achieving the very best for our clients. We would like to thank our clients in this area for their continued support, and Chambers and Partners for recognising our efforts.
Sport Resolutions Mediator
Paul Johnson has been appointed to Sport Resolutions’ Panel of Mediators. The Panel Appointments and Review Committee has appointed Paul to the panel over the course of 1 April 2024 – 31 March 2027 with the aim of ‘protecting, upholding and developing integrity and trust in all aspects of sports at all levels.’
Serle Court welcomes leading commercial and civil fraud barrister Marc Delehanty.
Marc’s practice covers a wide range of Commercial and Civil Fraud litigation. He has extensive experience of the cut and thrust of injunction applications and his cases are frequently international in nature. His talent and reputation have seen him twice appear in the Supreme Court, including conducting oral advocacy, on important appeals concerning jurisdiction, conspiracy claims and asset recovery using insolvency tools. He is also regularly instructed in disputes concerning gambling.
??Serle Court Cases ??
Jennifer Meech (led by Simon Johnson of Enterprise Chambers), acted for the successful respondents in this important case for Group Litigation. The claimants are 134 Individuals and companies who each claim damages against their former solicitors for professional negligence. They together issued a single claim form. The defendants sought to strike out the claim arguing that on a proper construction of the Civil Procedure Rules 1998 (“CPR”) it was only permissible for ne claimant, or joint claimants pursuing the same cause of action, to use one claim form. Jennifer was instructed by David Niven and Nicole Blakey of Penningtons Manches Cooper LLP. The full judgment can be found?here.
Oasis Investments II Master Fun Ltd and Others v Jardine Strategic Holdings Limited [2024] CA (Bda) 7 Civ
Jonathan Adkin and Adil Mohamedbhai continue to act for the dissenters in Re Jardine Strategic Holdings Limited, a multi-billion-dollar shareholder appraisal action in Bermuda concerning the Jardine group of companies, a Fortune Global 500 group of companies and one of the largest conglomerates in the world. The judgment can be found?here.
In a judgment handed down this morning, Mrs Justice Cockerill has given important guidance on the effect and scope of a submission to the jurisdiction by a defendant in proceedings. The Court determined that, provided that the defendant is a “willing participant”, there is no relevant distinction to be drawn between a defendant and a claimant for the purposes of submission. James Weale ?(with Camilla Bingham KC), instructed by Kelwin Nicholls, Christina Schuetz and Charles Joseph of Clifford Chance LLP, acted for the successful respondent.?
??News??
In the ongoing proceedings in Carmon Reesttrutura-Engenharia v Cuenda, the DIFC Court of Appeal has granted permission to appeal on the grounds that Sandra Holding v Al Saleh [2023] DIFC CA 003 (6 September 2023) was arguably wrongly decided. In Sandra Holding, the Court of Appeal held that the DIFC Court does not have jurisdiction to make freezing orders in support of proceedings which are pending in a foreign court. Zoe O'Sullivan KC , instructed by Afridi and Angell, acts for Carmon. The Court of Appeal decision can be found here.
The Supreme Court has given its decision in UniCredit Bank GmbH v RusChemAlliance LLC after hearing argument on the expedited appeal on 17 & 18 April.?Professor Jonathan Harris KC (Hon.) (Hon.) together with Stephen Houseman KC and Stuart Cribb (Essex Court), represent the respondent/claimant in the Supreme Court decision of UniCredit Bank GmbH v RusChemAlliance LLC after hearing argument on the expedited appeal on 17 & 18 April. The Supreme Court which comprises Lord Reed, Lord Sales, Lord Leggatt, Lord Burrows and Lady Rose, will give its full judgment at a later date.
The High Court’s decision in Glenea Contracts Limited v Phillip Friel [2024] EWHC 1243 (Ch) highlights that employees who abuse a position of trust to take extra money from their employer may, depending on the circumstances, be held liable as fiduciaries and trustees. Glenea, a civil engineering company, sued its former Commercial Manager for taking around ￡570,000 from the company's bank account in small payments since 2014. The manager argued that the company needed to prove its entitlement to the money and that any payments made more than six years before the claim was issued were barred by limitation.? Although the manager was not a director of Glenea, Glenea argued that he was completely trusted with responsibility for the company’s financial affairs and for the operation of its bank account (the manager disputed this), and that he should therefore be treated as a fiduciary and trustee for Glenea despite falling outside the established categories of fiduciary relationship.
The court accepted Glenea’s arguments on all of these points, ruling that the burden was on the manager to prove his entitlement to the money, that he had essentially failed to do so, and that no limitation period applied to the company's claim. Max Marenbon n was sole Counsel at trial for Glenea, instructed by Oli Worth and Molly Lockerbie of Archor LLP.? Glenea was also advised by James Mather and George Vare .
The Court of Appeal has upheld a 12-month imprisonment sentence for serious breaches of asset disclosure obligations in a complex and long-running fraud claim in the case of ??bilen v Turk. The court granted a three-month suspension of the sentence to promote compliance with the obligations, demonstrating the court's commitment to ensuring adherence to legal obligations. This decision highlights the importance of respecting findings of fact and decisions made by lower courts, which are in the best position to assess evidence. Dan McCourt Fritz KC C and Andrew Gurr of were instructed as counsel. Jonathan Tickner, Alice McDonald and George Pizzey of Peters & Peters also acted for Mrs ??bilen.
??Thought Leadership ??
In February 2024, Constance McDonnell KC and George Vare, assisted by Anneliese Mondschein, 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. Earlier this month, the Judge heard arguments from both sides in relation to costs and the costs judgment was handed down this week. Read this article for the three key takeaways arising from the 21-page judgment.
In an article for New Law Journal,? andrew francis (Andrew Francis) covers the recent judgement in Mackenzie v Cheung [2024] EWCA Civ 13 with lessons on interpretation and the dangers of boilerplate terms. In 'Beware the Boilerplates!', Andrew notes important principles applicable to the interpretation of powers to vary rights at a future date. ?To read this article in full, please click here (paywalled).
You are a shareholder in a company but are then removed from the register of members.?Can you go ahead and present a section 994 petition and pursue it to trial??If so, in what circumstances? Or must you first establish your locus standi by issuing separate proceedings seeking rectification of the register??The conventional view has been that you have to pursue this latter course.?But that orthodoxy has been challenged by the landmark judgment of ICC Judge Greenwood In Re Contingent and Future Technologies [2024] BCC 22, Daniel Lightman KC explains in his new article for New Law Journal, “Non-members and s 994 petitions: a novel approach.”
?Members Spotlight ?
?? On Thursday, May 9, Constance McDonnell KC spoke at the ConTra & Informa Connect: Junior Litigators’ Forum in Birmingham alongside Henrietta Mason (Farrer & Co) on a panel session titled “What else is in the toolkit? Less common equitable and other remedies.”? The conference was co-chaired by Giles Richardson KC .
领英推荐
???On Thursday, May 23, Constance McDonnell KC spoke at The Law Society: Private Client Annual Conference 2024. The conference covered a broad range of topics that are vital to private client practitioners, with key updates and practical advice given by industry experts.? ?Constance was joined on a panel with Paula Myers (Irwin Mitchell) and Caroline Miller (Wedlake Bell) titled “Estates and executors.”
?? On Thursday, 18 April, Jennifer Haywood spoke at the Chancery Bar Association conference in Geneva. Jennifer’s talk was entitled ‘Giving effect to Arbitration clauses in shareholder and partnership agreements’. She was joined by Thomas Robinson (Wilberforce Chambers) and Alex Potts KC (4 Pump Court) on the ‘Arbitration: Issues In Shareholder, Insolvency and Trust Disputes’ Panel.
?? On Tuesday, 21 May, Jennifer Haywood spoke at ThoughtLeaders4 Fire: Enforcement of Awards Against Sovereigns: Latest Developments virtual event. Jennifer was joined by Anton Vallélian (LALIVE), Gordon Nardell KC (Twenty Essex) and Frederico Singarajah (Gatehouse Chambers).
?? On Monday,15 April, Zahler Bryan spoke on the ThoughtLeaders4 Private Client: Private Wealth and Natural Capital: Issues for Clients and Advisers webinar. She was 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) as they discussed ‘The surge of interest In Natural Capital projects from Private Wealth clients and the reasons the UK and its advisers are well positioned, the most effective structures and approaches used for these projects by Private Wealth clients.’
??On Thursday, April 18, Zahler Bryan was one of six Serle Court Barristers with Daniel Lightman KC, Timothy Collingwood KC, Giles Richardson KC, David Drake and Thomas Elias that hosted a Book Launch of the 7th Edition of Minority Shareholders: Law, Practice and Procedure at The Royal College of Surgeons Lumley Library. The new edition provides the most detailed and practical guide to the law relating to minority shareholders. It offers incisive coverage of section 994 petitions, derivative claims, just and equitable winding-up petitions, the foreign aspects of shareholder disputes, shareholders’ personal claims against companies and the rights conferred on them by the Companies Act 2006. It examines all significant recent case law from the UK, as well as case law from the courts of other jurisdictions with analogous shareholder provisions, in particular Hong Kong, Singapore and the Caribbean.
??On Thursday, 11 April, Professor Suzanne Rab held a book 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. The book features contributions from foremost individuals in the legal sector with connections to the Inn and Suzanne is one of the editors alongside Michael-James Clifton and David Scorey KC.
??On Wednesday, 1 May, Professor Suzanne Rab spoke at the Kuwait International Law School (KILAW) at the tenth annual international conference on the legal challenges posed by artificial intelligence in Kuwait. Suzanne spoke under the title: “Artificial Intelligence: Applications, Academic and Practical Legal Implications” and presented her paper on the key AI usage scenarios that present policy issues and potential enforcement gaps through an assessment of existing data protection and data privacy regulations in the EU, UK and Internationally.
??Other Notable Events??
??Tim Collingwood KC spoke at the 4th Citywealth UHNW forum on the Disputes, litigation and the silver lining panel – an update on global developments for intermediaries and the UHNW client, alongside Joshua Rubenstein (Katten), Charlotte Hill (Penningtons), and James Ramsden KC (Astraea Group).
??Andrew Moran KC and Anthony Kennedy returned for a third session of their ‘Commercial Litigation in Anglophone Africa’ seminar series with a talk titled “Remedies which litigants can obtain in order to assist with the enforcement of judgments in Kenya, Ghana, and Nigeria.” Andrew and Anthony were joined by guest speakers Lorraine Aboagye (Barrister, Essex Court) and Muhammad Dele Belgore (Partner, Sofunde, Osakwe, Ogundipe & Belgore).?
??Serle Court's Practice Director, Nicholas Hockney , and Senior Practice Manager, Arron Snipe , delivered a seminar for bar students at The Inns of Court College of Advocacy in Middle Temple. Here, they spoke to students about the unique and important relationship between Barristers and their Clerks and how Junior Tenants can make the best of that relationship as they start their careers at the bar.
???Where to see our Barristers next: London International Disputes Week Edition??
Wednesday, 5 June:
Serle Court x TrialView: David Blayney KC will be joining with Stephen Dowling KC (TrialView), Toby Landau KC (Duxton Hill Chambers (Singapore Group Practice), Dr. Ula Cartwright-Finch (Cortex Capital Limited), and Myfanwy (Miffy) Wood (Ashurst) for a LIDW breakfast session titled "Arbitration Alchemy: AI, Psychology and Decision-Making Dynamics.”
??Serle Court Chambers, 6 New Square, Lincoln’s Inn, London WC2A 3QS
??? 9:00 – 10:30 AM
?? Register: https://2024.lidw.co.uk/event/240
?
Serle Court x Baker McKenzie: Dakis Hagen KC?and?Stephanie Thompson?will be joined by renowned lawyers Anthony Poulton (Baker McKenzie) and Richard Molesworth (Baker McKenzie) for an exciting debate on "This House believes that Trust Arbitration is not going to succeed in resolving trusts disputes.”? The debate will be chaired by Stella Mitchell-Voisin of Summit Trust International.
?? Baker McKenzie, 280 Bishopsgate, London
??? 9:00 – 10:30 AM
??Register: https://2024.lidw.co.uk/event/89
?
Thursday, 6 June:
Serle Court x Peters & Peters: Elizabeth Jones KC and Zahler Bryan will speak on a panel alongside Jason Woodland (Peters & Peters), Oluseye Opasanya (Olaniwun Ajayi LP) and Wendy Lin (WongPartnership) to discuss the issues facing states and their advisors when dealing with fraud claims involving states.
?? Rosewood London, 252 High Holborn, London WC1V 7EN
??? 8.30am-9am: networking breakfast
????? 9am-10.30am: talk
?? email [email protected] be added to the waitlist
?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,