7KBW is “Highly recommended for commercial, insurance, and fraud-related disputes” and “its top silks command huge respect in the courts” (Legal 500 UK Bar 2020). Its Members “are nothing if not versatile as illustrated by the variety of matters they’ve handled in the past couple of years” (Chambers UK Bar 2020).
7 King’s Bench Walk has an exceptional reputation for its commercial litigation practice. Our members are renowned for their expertise in this area. Chambers possesses strength in depth across all areas of commercial law. Members of 7KBW act in cases whenever clients require the best representation possible in a commercial dispute – anywhere in the world.
We work regularly with all the leading law firms practising in this area, including those in the City of London and across the United Kingdom. We also receive instructions from leading international law firms. Our members have worked in all the major global dispute resolution centres. We also work closely with general counsel and in-house legal teams in key business sectors, such as aviation, logistics, shipping, commodities, insurance, energy, natural resources, mining, and other industries, as well as industry bodies like P&I Clubs.
All members aim to ensure the cost-effective resolution of commercial disputes. They are skilled in providing informed, practical, and commercial advice on the whole range of dispute resolution issues, from advice on the legal merits of a claim, to devising appropriate settlement strategies, to preparation and presentation at trial or appeal.
Members are familiar with the appropriate use of alternative dispute resolution (ADR), including mediation. They work with clients to define their positions before mediation. Where appropriate, members have represented clients at mediations. We are also familiar with settlement meetings, across the full range of ADR procedures.
Where no reasonable settlement is possible, they will prepare for key preliminary stages in the litigation, seeking to advance the case strategy and gain tactical benefits for the client, if possible. This includes interlocutory hearings covering a broad spectrum of judicial responses, ranging from summary and default judgment, jurisdictional disputes, requests for disclosure, security for costs, seeking declarations, or enforcement of judgments. Properly prepared, they will represent clients in court, handling evidence, conducting cross-examinations and presenting written and oral arguments as required.
Members are familiar with specialist developments in civil procedure, such as the Shorter and Faster Trials Scheme, the Financial List, and the Disclosure Pilot.
We are well regarded for our conduct of hearings, with members regularly instructed in the largest and most complex cases proceeding in the Commercial Court, the Court of Appeal, and the UK Supreme Court and the Privy Council. The advocacy of our counsel is recognised for its force and quality. We are also equally sort after for our work in regional courts, for work in smaller disputes, where flexible fees can be agreed by our helpful and proactive clerking team.
Chambers can supply individual counsel, or teams of barristers, including senior and junior counsel, to both claimants and defendants in any litigation, including third parties.
7KBW is regularly recognised as a leading commercial litigation set. We have won numerous industry awards, including various Chambers UK Bar and Legal 500 Awards. Our juniors have also been recognised as potential ‘Stars at the Bar’ by the trade press.
Teams of our barristers have appeared for various parties, and on both sides, in such high profile cases such as the FCA Business Interruption Litigation, the Carillon litigation, the Brillante Virtuoso insurance fraud claim, Djibouti v Boreh, and Cattles v PWC, to name but a few major commercial cases of the last five years.
Selected highlights of our recent cases in the last five years can be seen below:
Gavin Kealey QC
Timothy Saloman QC
Jonathan Gaisman QC
Dominic Kendrick QC
Alistair Schaff QC
Stephen Hofmeyr QC
Adam Fenton QC
Stephen Kenny QC
Richard Southern QC
Robert Bright QC
David Bailey QC
David Edwards QC
Julia Dias QC
David Allen QC
S J Phillips QC
Siobán Healy QC
James Drake QC
Peter MacDonald Eggers QC
Andrew Wales QC
Rebecca Sabben-Clare QC
Richard Waller QC
Jawdat Khurshid QC
James Brocklebank QC
N G Casey
Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb  UKSC 38 The Supreme Court has this morning handed down judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb  UKSC 38, which is set to become the leading authority on the governing law of arbitration agreements and the role of […]
Apache North Sea Limited v INEOS FPS Limited  EWHC 2081 (Comm) David Allen QC and Michael Ryan successfully represented Apache North Sea Limited in a case against INEOS FPS Ltd concerning an agreement not to unreasonably withhold consent. The parties entered into contracts for the transportation to shore of Apache’s oil from the North […]
Carillion plc (in liquidation) v KPMG LLP and KPMG Audit plc  EWHC 1416 (Comm) 7KBW teams acted on both sides of Carillion plc’s application against KPMG for pre-action disclosure, in which the Commercial Court has handed down judgment in KPMG’s favour. KPMG (represented by Jonathan Gaisman QC, James Brocklebank QC, and Ralph Morley) successfully […]
Generali Italia S.p.A v Pelagic Fisheries Corp.  EWHC 1228 (Comm) Peter MacDonald Eggers Q.C. and Marcus Mander acted for 23 insurers under hull and machinery and increased value policies in successfully resisting challenges to the English court’s jurisdiction under Article 29(1) of Brussels I Recast. The hearing was conducted remotely using Skype for Business. […]
Shanghai Shipyard Co Ltd v Reignwood International Investment (Group) Company Limited  EWHC 803 (Comm) The Commercial Court (Knowles J) has handed down judgment in a preliminary issues trial concerning the proper characterisation of a shipbuilding guarantee: Shanghai Shipyard Co Ltd v Reignwood International Investment (Group) Company Limited  EWHC 803 (Comm). The principal issue […]
The Insolvency and Companies Court has today handed down judgment in the case of Alfred Schefenacker -v- Darko Horvat  EWHC 506 (Ch). Jason Robinson represented the successful Respondent and was instructed by Mishcon de Reya LLP. The application was to set aside a Part 71 Order made by Insolvency and Companies Court Judge Barber, […]
Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors  EWHC 3568 (Comm) David Bailey QC, Marcus Mander and Clara Benn have successfully defended members of the Chubb Group in an expedited trial of a claim for injunctive and declaratory relief brought by Enka, a Turkish engineering company involved in the construction […]
Lakatamia Shipping Co Ltd v Morimoto  EWCA Civ 2203 The Court of Appeal has unanimously allowed an appeal by Lakatamia Shipping Co Ltd for which SJ Phillips QC, NG Casey and James Goudkamp appeared. Following a trial in the Commercial Court in 2014, Lakatamia had judgment entered in its favour against Mr Nobu Su, […]
Maroil Trading Inc v. Cally Shipholdings Inc and others  EWHC 2949 (Comm) The Commercial Court has given judgment in Maroil Trading Inc v. Cally Shipholdings Inc and others  EWHC 2949 (Comm). The proceedings are at an early stage, and involve high-profile allegations that Daniel Hall, a senior executive of litigation funder Burford Capital, […]
Simetra Global Assets Limited v Ikon Finance Limited  4 WLR 112 The Court of Appeal has today handed down judgment in Simetra Global Assets Limited v Ikon Finance Limited  4 WLR 112. Stephen Hofmeyr QC and Josephine Higgs acted for the successful appellants, Simetra Global Assets Limited and Richcroft Investments Limited. Following a […]
Classic Maritime Inc v Limbungan Makmur SDN BHD  EWCA Civ 1102 The decision of the Court of Appeal in Classic Maritime Inc v Limbungan Makmur SDN BHD  EWCA Civ 1102 (27 June 2019), in which Richard Southern QC and Andrew Pearson represented the successful Appellant, will be important reading for all those concerned with claims […]
Saab v Dangate Consulting Ltd & Ors  EWHC 1558 (Comm) The Commercial Court (Cockerill J) has handed down judgment in Saab v Dangate Consulting Ltd & Ors  EWHC 1558 (Comm), finding that two former Scotland Yard police detectives, who worked as private investigators, breached contractual duties of confidence owed to shareholders of FBME […]
Stavrinides & Othrs v Bank of Cyprus Public Company Limited  EWHC 1328 (Ch) The High Court (Chancery Division) has today handed down judgment in Stavrinides & Othrs v Bank of Cyprus Public Company Limited  EWHC 1328 (Ch), dismissing a claim by a group of customers for specific performance of a purported settlement agreement. […]
Group Seven Ltd v Notable Services LLP  EWCA Civ 614 The Court of Appeal has handed down judgment in a major civil fraud case concerning the theft and laundering of €100 million. In Group Seven Ltd v Notable Services LLP  EWCA Civ 614, Sonia Tolaney QC and Michael Ryan, instructed by Alan Sheeley […]
Bv Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises, Inc.  EWCA Civ 596 Gavin Kealey QC and Henry Moore have won a major case before the Court of Appeal on issues of fundamental importance in the law of contract. They acted for the successful Respondent together with Simon Goldstone of 4 Pump Court, who had […]
Harcus Sinclair LLP v Your Lawyers Limited  4 WLR 81 Jawdat Khurshid QC and Josephine Higgs (together with David Foxton QC of Essex Court Chambers) acted for Harcus Sinclair LLP in their successful appeal before the Court of Appeal, as a result of which an injunction preventing Harcus Sinclair from acting in the Volkswagen […]
 EWHC 231 (Comm) The Commercial Court handed down judgment on 8 February 2019 in HSBC Bank Plc v Pearl Corp & Ors.  EWHC 231 (Comm), upholding HSBC Bank Plc’s $9 million claim against the personal guarantor of two $15 million facility agreements. HSBC had advanced $30 million to finance the acquisition of two […]
Aircraft Purchase Fleet Limited v Compagnia Aerea Italiana SPA  EWHC 3315 (Comm) Gavin Kealey QC, Andrew Wales QC, Anna Gotts and Harry Wright have successfully defended a $260m claim for damages by Aircraft Purchase Fleet Limited (“APFL”) on behalf of Compagnia Aerea Italiana SPA (“CAI”), the former operator of the Alitalia airline. APFL claimed […]
Cunningham v Ellis & Others  EWHC 3188 (Comm) James Brocklebank QC and Ralph Morley have successfully secured the dismissal of a £39m Commercial Court fraud and conspiracy claim against their client, Ernst & Young (EY). The claim was struck out and summary judgment was given in favour of EY. The claimant had been majority […]
The Atlantik Confidence  EWCA 2590 Civ This is the latest in a series of events since Mr Justice Teare ruled, in October 2016, in proceedings between the owner of the Atlantik Confidence and cargo interests, that the owner and Mr Agaoglu (the beneficial owner of the vessel) had wilfully cast away the vessel. Since […]
 EWHC 1733 (Comm) The Commercial Court handed down judgment on 6 July 2018 in HSBC Bank Plc v Antaeus & ors., upholding HSBC’s c.US$2.5 million claim against defaulting ship-finance borrowers and their corporate and personal guarantors. The judgment of Deputy Judge Andrew Henshaw QC includes a 6-page consideration of Articles 862, 281 and 288 […]
 EWHC 1083 (Comm) James Brocklebank QC acted with Henry Moore, and Peter MacDonald Eggers QC acted with Marcus Mander in this substantial trial of 10 preliminary issues, raising a number of interesting points of law in the insurance context and more generally, particularly relating to the notification of insurance claims and the operation of […]
 EWHC 894 (Comm) David Allen QC leading John Bignall succeeded in the Commercial Court before Males J in their action for IMS S.A. and others claiming US$5,800,000 from Capital Oil and Gas Industries. Access bank alleged that cargoes of oil, loaded and discharged by the Claimants at the direction of Capital had been misdelivered […]
Instant Access Properties Ltd v Rosser &ors  EWHC 756 (Ch) Michael Ryan of 7KBW acted in the successful defence of a substantial civil fraud action. The Inside Track Group was, prior to the financial crash, one of the largest property investment concerns globally. In Instant Access Properties Ltd v Rosser & ors  EWHC […]
Bilta (UK) Ltd v Royal Bank of Scotland Plc  EWHC 3535 An important judgment on legal professional privilege has been handed down by the High Court. In Bilta (UK) Ltd v Royal Bank of Scotland Plc  EWHC 3535 the Chancellor considered the scope of litigation privilege and upheld RBS’s claim to privilege over […]
 EWCA Civ 25 Gavin Kealey QC was successful again in the Court of Appeal, this time leading Tom Sprange QC and Ruth Byrne of King & Spalding LLP on behalf of WesternZagros Limited, a Canadian headquartered oil and gas company doing business in Kurdistan. The issues concerned the attempts of WesterZagros Limited to obtain […]
National Bank of Kazakhstan and the Republic of Kazakhstan (Claimants) v the Bank Of New York Mellon SA/NV, London Branch (Defendant)  EWHC 3512 (Comm) Christopher Butcher QC appeared on behalf of the Defendant in these Part 8 proceedings. This is the latest development in England of a dispute spanning several jurisdictions and which has […]
 UKPC 44 Gavin Kealey QC and James Goudkamp appeared on behalf of the Appellants in this appeal to the Privy Council against the decision of the Court of Appeal of the Bahamas. The dispute concerned the beneficial ownership of funds standing to the credit of a joint bank account. An elderly man (“the Testator”) […]
 UKPC 34 Gavin Kealey QC and Elizabeth Lindesay acted on behalf of the successful Respondent, Guardian Asset Management Limited (“GAM”), in these combined appeals to the Privy Council from the Court of Appeal of Trinidad and Tobago. The dispute arose out a commercial loan transaction for TT$18.6 million advanced by GAM to the appellants, […]
COLLECTION FEES: THE PERIL OF NOT EXERCISING A CONTRACTUAL DISCRETION Clive Freedman QC of 7 KBW, leading Simon Mills, instructed by James Southworth of Eversheds Sutherland, has succeeded in a claim of particular interest to the factoring and invoice discounting industry. They acted for BHL, a company having a shareholding in the company which manufactures […]
On 7 July 2017 judgment was given by Mrs Justice Carr in the matter of Vitol SA v Beta Renowable SA, a claim for non-delivery of biofuels, in which Richard Sarll acted for the defendant supplier. The judgment contains an interpretation of interdependent obligations in the sale of goods (e.g. the need for the buyer […]
Christopher Butcher QC and Harry Wright obtained summary judgment on behalf of a firm of solicitors facing a claim in negligence by a (non-client) third party , on the basis that the claim was statute barred. The case was unusual in that it was the Defendant’s second application for summary disposal of the claim. It […]
The Court of Appeal has handed down a judgment concerning the effect of exclusive jurisdiction agreements and how, notwithstanding clear wording of such an agreement, a party may nevertheless submit to the jurisdiction of the English Court and waive any right to rely upon an exclusive jurisdiction agreement in favour of the courts of another […]
 EWHC 253 (Comm) Stephen Hofmyer QC and Gavin Geary were instructed on behalf of Korean shipbuilders, STX O&S, successfully resisting a claim for about $180 million in this Commercial Court trial. In April 2013 STX&OS entered into an Option Agreement with Teekay Tankers, providing for the construction and delivery of, in Teekays’ option, up […]
 EWCA Civ 9 This is a case in which the Court of Appeal has reaffirmed the autonomy of a letter of credit, and its independence from the underlying transaction to which it stood as security. The claimants Petrosaudi entered into a drilling contract with PDVSA for the performance of drilling services in Venezuela. The […]
 EWCA Civ 25 On 25 January 2017, the Court of Appeal upheld Eder J’s ruling that a payment of money into escrow was not an insured loss under a programme of liability insurance. The payment was not an ascertainment of liability for the purpose of the rule in Post Office v. Norwich Union and […]
 EWCA Civ 1041 In Leslie v Farrar Construction Ltd, the Court of Appeal has considered the scope of the defences available to a claim for restitution of mistaken payments. The case concerned a joint venture for the development of property. Following the repudiation of the agreement by the funder, the parties made various claims […]
Court of Appeal agrees that email sent in context of mediation was not protected by without prejudice privilege as it fell within unambiguous impropriety exception. This appeal concerned whether a without prejudice communication sent in the context of a mediation fell within the exception to the “unambiguous impropriety” exception to without prejudice privilege. The appellants […]
On 5th-6th July 2011 the vessel Brillante Virtuoso was severely damaged by fire while off the coast of Aden, Yemen. The Claimants (the vessel’s owners and its mortgagee bank) maintained that the fire was caused by pirates (or thieves or terrorists or persons acting maliciously or from a political motive) and claimed under its war […]
The Supreme Court has this morning handed down its judgment in the “Res Cogitans” (PST Energy 7 Shipping LLC and another v OW Bunker Malta Ltd and another  UKSC 23). The judgment marks a resounding success for the respondents, OW Bunker Malta Ltd (“OW Malta”) and ING Bank NV (“ING”), who were represented by […]
Orb a.r.l. and ors v Ruhan  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 […]
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 […]
ARC Capital Partners Limited v Brit UW Limited & Anr.  EWHC 141 (Comm) Gavin Kealey QC and Charles Holroyd have succeeded in establishing the right of a private equity fund manager (“the Manager”) to be indemnified by its Second Excess layer professional indemnity insurers in a case before the Commercial Court. The insurers had […]
 EWHC 3269 (Ch D) A major shareholders dispute between overseas companies concerning ownership and management of an English telecommunications company. Encompassed allegations of fraud, forgery, breach of fiduciary duty and breach of directors duties. Michael, together with Justin Fenwick QC and Dan Saoul, successfully represented the Defendant at the trial. To view the judgment […]
In a highly publicised case, Clive Freedman QC of 7 KBW has successfully represented the Ritz Hotel Casino and obtained judgment for £2,000,000 plus interest and indemnity costs against Mr Al Geabury on a gambling debt. The judgment was handed down in the High Court in London by Mrs Justice Simler today 31 July 2015. […]
The Court of Appeal had heard and dismissed the appeal from the judgment of Jay J on this insurance claim in relation to a fire at a warehouse. The Court of Appeal concluded that there had been a breach of a condition precedent to liability which related to the use and maintenance of the protections […]
Dominic Kendrick QC and Keir Howie (Instructed by Yvonne Jefferies of Byrne and Partners) acted for the Defendant, Mr Abdourahman Boreh, in his successful application to discharge a worldwide freezing order covering assets worth over $100 million. The Claimants in the action are the Republic of Djibouti and two of its state agencies, and their […]
James Drake QC appeared for the Orb Parties (viz, the Claimants, the Fifth Party and the Seventh Party), leading Paul Greenwood and Nicholas Gibson. Tim Jenns appeared for the Defendant, Mr Ruhan. This is a complex and high value multi-party commercial fraud dispute. After a five day hearing in February 2015 before Mr Justice Cooke, […]
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) […]
LIABILITY OF REGISTRAR OF COMPANIES IN NEGLIGENCE Clive Freedman QC leading Neil Mendoza, and instructed by Neil Jamieson of Clyde & Co, has succeeded in establishing a duty of care against the Registrar of Companies in a high profile case. A company which had been in existence since 1900 was driven into administration within 7 […]
 EWHC 58 (TCC) Two-week trial in the TCC concerning a dispute over a joint venture to develop sites in the north of England. Together with Simon Myerson QC, Michael successfully defended a claim in unjust enrichment for £1.2m and recovered substantial damages for lost profits. Michael is also instructed in the appeal for which […]
An apparently normal case – a dispute under a Share Transfer Agreement – resulted in a very unusual outcome in commercial litigation – a successful claim for rectification, won by Robert Bright QC. Two individuals, Tartsinis and Nikolaou, agreed to sell their shares in a company that owned a fleet of 5 ships to the […]
 EWHC 42 (Comm) On 5th-6th July 2011, the vessel Brillante Virtuoso was taken by pirates off the coast of Aden, Yemen. The pirates ordered the vessel to proceed to Somalia, but after the vessel’s main engine stopped and could not be restarted, the pirates detonated an incendiary device in the vessel’s engine room. The […]
 UKSC 64 ;  1 WLR 4495 Michael was part of the counsel team to represent HRH Prince Abdulaziz in his appeal to the Supreme Court in the context of this major fraud case. Michael also successfully appeared in the eventual trial of this action: see Apex Global Management v Fi Call Ltd  […]
In this case Renewable Power & Light (“RPL”) brought claims against former advisers in relation to its admission to trading on AIM, the alternative investment market of the London Stock Exchange, in 2006. One claim was against Grant Thornton which had acted as Nominated Adviser for the purposes of the AIM Rules, the contention being […]
In this important decision of the Court of Appeal concerning the doctrine of subrogation and the construction of professional indemnity policies, both sides were represented by counsel from 7 King’s Bench Walk. The dispute arose under a policy of professional liability insurance issued to Rathbone Brothers Plc (“Rathbone”), their subsidiaries and insured persons. Claims had […]
The High Court has handed down judgment in a long-running dispute arising out of a contract to enter into a series of forward freight agreements. SJ Phillips QC, NG Casey and Clara Benn acted for the successful claimants. Cooke J found that there was an overarching personal contract between the owner of the TMT Group, […]
The Court of Appeal allowed an appeal by the Appellants, Blue Holdings (1) Pte Ltd and Blue Holdings (2) Ltd, from an order of Field J which had continued an interim freezing injunction granted to the Respondents, the United States of America. The Court held that it had not been expedient to grant the injunction […]
CLIVE FREEDMAN SUCCESSFULLY REPRESENTS THE RITZ IN GAMBLING CLAIM Clive Freedman QC, instructed by Sarah Rees of Blake Morgan LLP, acted for the successful Claimant the Ritz Hotel Casino in its highly publicised High Court action against Nora Al-Daher. In giving judgment for the Ritz, His Honour Judge Seys Llewellyn QC rejected a defence under […]
Jurisdiction challenge raising questions of agency under freight forwarding contract and the application of Article 23 of the EC Judgments Regulation. To view the judgment please click here.
CLIVE FREEDMAN QC AND DAVID LASCELLES SUCCEED IN €50MILLION JOINT VENTURE DISPUTE Clive Freedman QC and David Lascelles appeared for the successful Defendant in Sax v Tchernoy  EWHC 795 (Comm), instructed by Mischon de Reya. Judgment was handed down by the Commercial Court (Mr Justice Hamblen) on 26 March 2014. The €50million claims were […]
PLANE-LY NO GROUNDS OF APPEAL 27 February 2014 HRH Prince Alwaleed’s application for permission to appeal has been refused by the Court of Appeal. Clive Freedman QC leading Alexander Robson of Littleton Chambers appeared at trial for the successful Mrs Sharab and in the Court of Appeal. Lord Pannick QC and Christopher Pymont QC appeared […]
Gavin Kealey QC and Tim Jenns acted for the Claimant, B.A.T. Industries Plc (“BAT”) in a substantial jurisdiction application. BAT’s claim is for a declaration of its rights of indemnity against the First Defendant (“Windward”), an English company, and the Second Defendant (“API”) a company incorporated in Delaware in respect of liabilities potentially exceeding US$250 […]
 EWHC 3530 (Ch D) Trial of a claim against directors for diverting assets from the company (led by Patrick Lawrence QC). The case raised issues of breach of fiduciary duty, constructive trusts and lifting of the corporate veil. Successfully obtained orders that a significant property be held on trust. To view the judgment please […]
Charles Priday acted for the successful appellants in this important decision on CMR jurisdiction in cases involving successive carriers.
LIABILITY OF OWNER OF COMPANY FOR COSTS AND PIERCING THE VEIL – IMPORTANT VICTORY IN THE COURT OF APPEAL LIABILITY OF OWNER OF COMPANY FOR COSTS AND PIERCING THE VEIL – COST ORDERS LOOK TO ‘THE ECONOMIC REALITIES’ Clive Freedman QC and Sam Neaman, instructed by Penningtons Manches LLP, have secured an important victory in […]
CLIVE FREEDMAN Q.C. AND ALEXANDER ROBSON WIN IN HIGH PROFILE CLAIM FOR $10M COMMISSION Clive Freedman QC leading Alexander Robson both of Littleton Chambers instructed by TLT solicitors appeared for the successful claimant in the High Court in the case of Daad Sharab v Prince Alwaleed Bin Talal (2013) EWHC 2324 (Ch). Judgment was handed […]
Swallowfalls Ltd v Monaco Yachting & Technologies and another References:  EWHC 2057 (Comm),  EWHC 3616 (Comm) and  EWHC 236 (Comm) This is the “Nat Rothschild Super Yacht Dispute”, referred to in a Sunday Times report dated 28 October 2012 as follows: “The billionaire financier Nat Rothschild is at the centre of a […]
James advised and appeared for the Canadian claimant in a joint venture/ distribution dispute involving the conduct of the joint venture vehicle in marketing/ selling/ distributing software, with allegations of commercial fraud, breaches of fiduciary duty and misappropriation of corporate resources; grant of freezing order; respondent proffers undertaking to replace and release the order; decision […]
CLIVE FREEDMAN QC IN CA WIN ON LAW OF ILLEGALITY IN COMMERCIAL CONTRACTS Clive Freedman QC acted for the successful Respondents in the decision of ParkingEye Limited v Somerfield Stores Ltd  EWCA Civ 1338. He was instructed by Michael Kennedy of Pannone LLP and led Andrew Grantham of Kings’ Chambers. The Judgment was handed […]
Jonathan Gaisman QC acted for the corporate trustee of the IBM (UK) pension fund in its successful claim against IBM to rectify the terms of a 1983 pension trust deed (and later deeds), thus establishing the right of C Plan active members to retire before 63 without actuarial reduction and without the employer’s consent. For […]
These cases are both of topical interest, in the light of recent media interest as to the functioning of Motor Insurance, and of general significance in restating the principles for the assessment of damages in tort actions and the irrelevance of insurance arrangements. Cooke J was asked to determine three preliminary issues in 13 cases […]
£100 million Product Liability Claim dismissed – Kingspan v Borealis
David Allen QC, James Brocklebank, Sushma Ananda, and Elizabeth Lindesay acted for the Defendants, Borealis A/S and Borealis UK Limited in a product liability and misrepresentation claim brought by various companies in the Kingspan Group. The claim, said by the Claimants at the start of the trial to be worth in excess of £100 million, […]
In this appeal, the Court of Appeal found that there had been serious procedural irregularities in the hearing below, and that the judge had not been entitled to disregard the decision of the Court of Appeal in Copley v Lawn.
In this appeal the Court of Appeal considered the correct construction and operation of a “top and drop” insurance policy, and the order in which a tower of professional indemnity insurance was eroded by claims against the insured.
In these two appeals, which were heard together, the Court of Appeal summarised the principles to be applied in determining the basic hire rate recoverable by a claimant who could have afforded to hire a replacement car without credit terms. In Bent this resulted in the appeal being allowed and the amount awarded being increased. […]
This case involved the costs of the claim brought by a group of nearly 30,000 claimants in the Ivory Coast against Trafigura for personal injury as a result of the dumping of toxic waste in Abidjan in 2006. The action had been commenced in November 2006, with Leigh Day acting for the claimants. The claims […]
The claimant’s Bentley was damaged by the negligence of the defendant. The claimant entered into a credit hire agreement for a replacement vehicle. That replacement was delivered to the claimant at his house, and he there signed the credit hire agreement and entered into an insurance whereby he insured himself against the liability to pay […]
The Court of Appeal has held that the right to pursue an appeal without obtaining permission in civil contempt cases is inapplicable to companies, on the ground that a company is incapable of being imprisoned and that an order against a company in contempt proceedings cannot therefore amount to a ‘committal order’ within CPR 52.3(1)(a). […]
 EWHC 859 (Comm) Gavin Kealey Q.C. acted as a deputy High Court Judge (loans, investments, share sale).
 2 Lloyd’s Rep. 1 Jonathan Gaisman Q.C. and Sioban Healy – The Buncefield Oil Storage Depot was used by a number of oil companies. Starting at 06.01, a number of explosions occurred at the Buncefield Depot. Jonathan Gaisman and Sioban Healy acted for the lead claimants in the litigation in which negligence in the […]
 EWHC 551;  All ER (D) 289 (Mar) Gavin Kealey Q.C. acted as Deputy High Court Judge – telecommunications network dispute and forgeries). Contract – Implied term – Circumstances in which term should be implied – Telecommunications services contract – Claimant bringing action for unpaid invoices – Claimant admitting certain invoices inaccurate but contending […]
 2 All ER (Comm) 924 Simon Picken QC led John Bignall and Josephine Higgs – Interest – Damages – Commercial Cases – Appropriate rate of interest on damages – Case involving foreign currency At a hearing on 29 September 2005 following the Preliminary Issues judgment the Court gave directions for a full trial to […]
Stephen Hofmeyr QC and Marcus Mander acted in a share sale dispute before the Privy Council in its inaugural sittings in Nassau, The Bahamas.
 UKPC 11 Gavin Kealey Q.C. acted in a share sale dispute before the Privy Council in its inaugural sittings in Nassau, The Bahamas.