Breaching an anti-suit injunction: Prince discovers no one is above the law

19 February 2019

In Mobile Telecommunications Co KSC v HRH Prince Hussam bin Abdulaziz au Saud the High Court sentenced Prince Hussam, a Saudi Prince, to twelve months imprisonment for contempt of court for breaching an anti-suit injunction. The judgment highlights the English court’s willingness to enforce anti-suit injunctions, even resorting to severe methods to do so.

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Asserting or Challenging Jurisdiction

19 February 2019

In a judgment which is essential reading for anyone seeking to establish or challenge jurisdiction in the High Court, in Kaefer Aislamientos SA de CV v AMS Mexico SA de CV the Court of Appeal clarified the test that a party asserting English jurisdiction must meet, and how that test will be applied when, as is usually the case when a jurisdiction challenge is launched, the evidence before the Court is incomplete.

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What Lies Beneath: beware documents hidden in the contract bundle

19 February 2019

The recent decision of Clancy Docwra Ltd v E.On Energy Solutions Ltd is a useful reminder to parties to be clear on how works in a construction contract are defined and incorporated.

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Knowing when to appeal

19 February 2019

When does time for making an application for permission to appeal begin? In circumstances where the time period for making such an application is a relatively limited 21 days, the importance of understanding the answer to this question cannot be understated. In McDonald v Rose, the Court of Appeal recently provided guidance on the procedure to be followed by parties wishing to seek permission to appeal.

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Brexit: Coming soon… What does it mean for aircraft lessors?

4 February 2019

With so many leasing companies choosing English law and jurisdiction, what does Brexit mean for aircraft lessors?

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New tricks – supplier beware

30 January 2019

Over the recent months we have experienced a spike in businesses falling victim to a rather simple but very effective form of reversed identity theft.

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Court of Appeal shuts the door on insolvent companies adjudicating

24 January 2019

Fladgate acted for the successful respondent in MJ Lonsdale v Bresco. The Court of Appeal decision was handed down this morning. The judgment will inevitably impact on the construction industry. Digby Hebbard and Oliver Tobin discuss this important decision.

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Fladgate Litigation Partner Steven Mash on the rights of shareholders in the Patisserie Valerie administration

23 January 2019

Commenting in the Telegraph and City AM, Fladgate litigation partner Steven Mash has discussed the potential shareholder claims which may arise as a result of this latest collapse of a well-known high street café.

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The Commercial Agents Regulations – The Commodity Market Exception

16 January 2019

A commercial agent is a self-employed intermediary with continuing authority to negotiate the sale or purchase of goods on behalf of another person. Commercial agents have special protection in law under the Commercial Agents (Council Directive) Regulations 1993 (the Regulations). Most significantly, the Regulations provide that if a principal terminates a commercial agency, the usual position is that the commercial agent is entitled to compensation.

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Don’t Be Late! Court finds a genuine mistake is no justification

16 January 2019

In a timeous reminder of the importance of adhering to court deadlines, in BMCE Bank International Plc v Phoenix Commodities PVT Ltd & Anor the court refused an application for relief from sanctions where a costs budget was served late a consequence of which the defaulting party was to be limited to only recovering court fees in the event of success at trial. This was despite an undertaking by the defaulting party’s solicitors to cover both parties’ costs on an indemnity basis for the CCMC and a further CCMC if required, regardless of the outcome of those hearings.

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