Reported Cases
Elite footballer secures apology and compensation from the World Anti-Doping Agency
In 2016, Mr Mamadou Sakho, an elite professional footballer, gave an anti-doping sample following a UEFA Europa League match between Liverpool Football Club and Manchester United Football Club. The sample contained the substance Higenamine, which is an ingredient of a dietary supplement that Mr Sakho had taken. Mr Sakho was then charged with a violation […]
November 11, 2020
7KBW team secures summary judgment for YieldStreet on US$76.7 million personal guarantee claim
YS GM Marfin II LLC and ors v Muhammad Ali Lakhani and ors [2020] EWHC 2629 (Comm) The High Court has handed down judgment in YS GM Marfin II LLC and ors v Muhammad Ali Lakhani and ors [2020] EWHC 2629 (Comm), following applications heard on 22 and 23 September 2020. The action is brought […]
October 6, 2020
Brillante Virtuoso: Commercial Court rules on high-profile scuttling dispute
Suez Fortune Investments Ltd & Piraeus Bank AE v. Talbot Underwriting Ltd & others [2019] EWHC 2599 (Comm) The Commercial Court has handed down judgment in Suez Fortune Investments Ltd & Piraeus Bank AE v. Talbot Underwriting Ltd & others [2019] EWHC 2599 (Comm), concerning the loss of the oil tanker Brillante Virtuoso. Following a […]
October 9, 2019
Excalibur Ventures v Texas Keystone & Ors.
[2016] EWCA Civ 1144 The Court of Appeal has dismissed the costs appeal by the litigation funders in Excalibur Ventures v Texas Keystone & Ors. The Claimant, Excalibur, was a shell company with no assets that pursued the Respondents for a share in a oil exploration block in Kurdistan, which Excalibur valued at US$1.6 billion. […]
November 18, 2016
Orb a.r.l. and ors v Ruhan
Orb a.r.l. and ors v Ruhan [2016] EWHC 850 (Comm) This is a complex and high value multi-party commercial fraud dispute, that was listed for a four-month trial in December 2016. (It has now been settled.) James Drake QC, Sarah Martin and James Goudkamp (together with Matthew Ryder QC, Lorna Skinner and Nicholas Gibson, all […]
April 15, 2016
The Republic of Djibouti & ors v Abdourahman Boreh & ors
The Commercial Court has given judgment in The Republic of Djibouti & ors v. Abdourahman Boreh & ors, a major civil fraud case in which wide-ranging allegations of dishonesty were made against a prominent African businessman. The defendants were represented during the 10 week trial by Dominic Kendrick QC, Richard Waller QC, Jocelin Gale and […]
March 2, 2016
Orb a.r.l and Ors v Ruhan
Richard Waller QC, Tim Jenns and Andrew Pearson acted for the Defendant, Mr Andrew Ruhan, in a substantial interlocutory application, in this complex and high value multi-party commercial fraud dispute, which is due to come on for a 4-month hearing before the Commercial Court in late 2016/early 2017. The Defendant brought applications, inter alia (i) […]
February 11, 2015
Excalibur Ventures LLC v Texas Keystone Inc & Gulf Keystone Petroleum Limited
The Commercial Court handed down judgment today dealing with outstanding matters consequential to Clarke J’s judgment which was handed down in summary on 10th September 2013. To view the judgment please click here.
December 13, 2013
Excalibur Ventures LLC v Texas Keystone Inc & Gulf Keystone Petroleum Limited
The Commercial Court has handed down the full judgment in Excalibur Ventures LLC v Texas Keystone & ors. To view the judgment please click here.
December 13, 2013
Excalibur Ventures LLC v Texas Keystone Inc & Gulf Keystone Petroleum Limited
The Commercial Court has given judgment in Excalibur Ventures LLC v. Texas Keystone & ors, a high profile energy dispute concerning interests in four large oilfields in Iraqi Kurdistan. Excalibur Ventures LLC had entered into a Collaboration Agreement with Texas Keystone and also, it alleged, Gulf Keystone Petroleum Limited, an AIM-listed oil and gas exploration […]
September 10, 2013
Jones –v- Environcom Ltd And Another
[2010] Lloyd’s Rep. IR 190 Richard Waller – Insurance (property) — Application for negative declaratory relief — Counterclaim for sum allegedly due under the policy — Whether order for security for the insurers’ costs of the counterclaim should be made — Civil Procedure Rules, Rule 25.13.
January 16, 2009
Ace Capital Ltd –v- CMS Energy Corporation
[2009] Lloyd’s Rep. IR 414 Richard Waller – Insurance (political risks) — Conflict of laws — Arbitration — Policy containing English arbitration clause and US service of suit clause — Assured commencing proceedings in Michigan — Underwriters seeking anti-suit injunction — Whether assured obliged to go to arbitration.
July 30, 2008
“Nicholas M” – Congentra AG -v- Sixteen Thirteen Marine SA
[2008] 2 Lloyd’s Rep. 602, [2009] 1 All ER (Comm) 479 Richard Waller – Practice – Freezing injunction – Shipowners bringing London arbitration proceedings and obtaining attachment order in New York in support of arbitration claim – Charterers counterclaiming that attachment order was wrongfully obtained and obtaining freezing injunction – Whether injunction should be discharged […]
July 15, 2008
Ravennavi Spa -v- New Century Shipbuilding Co Ltd
[2007] 2 Lloyd’s Rep. 24, [2007] 2 All ER (Comm) 756, [2006] 2 Lloyd’s Rep. 280 Alistair Schaff QC and Richard Waller – Contract – Option agreement – Buyer having option to purchase two vessels from shipbuilders – Option agreement providing for vessels to be delivered by specified dates with earlier delivery if possible – […]
February 7, 2007
“Charlotte C” Carisbrooke Shipping CV5 -v- Bird Port Ltd
[2005] 2 Lloyd’s Rep. 626 Richard Waller – Negligence – Occupiers’ liability – Vessel sustaining bottom damage – Whether damage caused while vessel berthed at defendant’s port – Whether damage caused by steel coil at bottom of berth – Whether defendant in breach of duty of care – Damages – Whether loss of profits to […]
September 13, 2005
Warner Chappell -v- Michael Bolton
Gavin Kealey Q.C and Richard Waller acted for Warner Chappell; Rebecca Sabben Clare for Michael Bolton. Commercial Court Trial concerning the infringement of copyright by U.S. singer/songwriter and rights of subrogation between co-assureds. – Case settled.
March 1, 2004
Charman -v- New Cap Reinsurance Corporation Ltd
[2004] Lloyd’s Rep IR 373, [2004] 1 All ER (Comm) 114 Richard Waller – Reinsurance – Three-year contract – Annual review clause allowing new premium to be charged in event of “exceptional claims development” – Construction of review clause – Method by which review clause could be invoked – Need for notice by reinsurers – […]
October 16, 2003
East West Corporation -v- DKBS 1912 And AKTS Svendborg Utaniko Ltd. -v- P.&O. Nedlloyd B.V.
[2003] 1 Lloyd’s Rep. 239, [2003] 3 WLR 916, [2003] QB 1509, [2003] 2 All ER 700, [2003] 1 All ER (Comm) 525, [2002] 2 Lloyd’s Rep. 182, [2002] 2 Lloyd’s Rep. 222, [2002] 1 All ER (Comm) 676 Richard Waller – Bill of lading – Title to sue – Delivery obligations – Exceptions in […]
February 12, 2003
“Marseilles” And “Epos” – P&O Nedlloyd Ltd. And Another V. M & M Militzer & Münch International Holding A.G.
[2003] 1 Lloyd’s Rep. 503 Richard Waller – Insurance (Cargo) – Settlement – Recovery – Cargo claim settled by underwriters – Claimants wrongly believed insured had not been paid and settled claim advanced by underwriters – Whether claimants’ settlement reasonable – Scope of claim that was settled – Whether reasonable investigation carried out – Whether […]
December 6, 2002
CGU International Insurance Plc –v- Szabo And Others
[2002] Lloyd’s Rep IR 196, [2002] 1 All ER (Comm) 83 Richard WallerInsurance (liability) – Conflict of laws – Negative declaratory relief – Service outside the jurisdiction – Forum non conveniens – Worldwide policy issued in London to English parent company – Claim brought under policy in Ohio under law of Ohio – Whether contract […]
November 6, 2001
Pirelli Cables Ltd. And Others –v- United Thai Shipping Corporation Ltd. And Others
[2000] 1 Lloyd’s Rep. 663 Richard Waller – Practice – Concurrent writ – Application to set aside – Stay of action – Thailand jurisdiction clause – Damage to cargo – Claimants served concurrent writs on defendants – Allegation that concurrent writs a nullity because issued after expiry of original writ and no extension of validity […]
April 5, 2000
“Hai Hing” Bua International Ltd. -v- Hai Hing Shipping Co. Ltd.
[2000] 1 Lloyd’s Rep. 300 Richard Waller – Practice – Writ – Extensions – Validity – Reverse of bill of lading blank – Issue as to whether Hague Rules and time bar incorporated – Extensions of writ granted ex parte – Whether extensions and service of writ should be set aside – Effect of CPR.
January 14, 2000
Raflatac Ltd. -v- Eade And Others
[1999] 1 Lloyd’s Rep. 506 Richard Waller – Contract – Breach – Contributory negligence – First defendant sub-contracted sprinkler work for plaintiffs to second defendants – Second defendants failed to shut off water supply causing damage to plaintiffs’ property – Whether plaintiffs contributorily negligent – Whether first defendant owed parallel duty of care in tort […]
July 31, 1998
“Rio Assu” (No. 2) C. Itoh & Co. Ltd. and Others -v- Companhia de Naveacao Lloyd Brasileiro and Steamship Mutual Underwriting Association (Bermuda) Ltd. same -v- Republica Federativa do Brasil
[1999] 1 Lloyd’s Rep. 201; [1999] 1 Lloyd’s Rep. 115 Dominic Kendrick QC, Alistair Schaff and Richard Waller were involved in this claim on a P&I letter of guarantee. Carriage by sea – Letter of undertaking – Construction – Damage to cargo – Cargo-owners claimed against demise charterers – P. & I. club gave letter […]
July 17, 1998
“Halki” Halki Shipping Corporation -v- Sopex Oils Ltd.
[1998] 1 Lloyd’s Rep. 465, [1998] 1 Lloyd’s Rep. 49, [1998] 1 WLR 726, [1998] 2 All ER 23, [1997] 3 All ER 833, [1997] 1 WLR 1268 Richard Waller – Charter-party (Voyage) – Arbitration clause – Construction – Application for stay – Owners alleged charterers failed to load or discharge vessel within laytime – […]
December 19, 1997