David Sawtell assesses the utility of notification injunctions ‘An applicant who has successfully obtained a notification injunction should be ready to apply back to court for a full freezing injunction if they are notified or become aware of a transaction or transactions that will damage their position.’ In Holyoake v Candy [2016] Nugee J gave …
Continue reading "Injunctions: Let me know before you go go"
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Philip Mead outlines how the court decided which country’s law was applicable to an accident overseas ‘The uncertainty has arisen both because of the peculiar nature of the Ministry of Defence as a potential liable defendant and in relation to the applicability of the conflicts of laws rules in relation to tort.’ In Rai v …
Continue reading "Jurisdiction: The armed services and the conflict of laws"
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Davina Given and Ed Holmes report on recent developments in the Court of Appeal ‘Based on detailed analysis of both the terms of business agreement (ToBA) and the framework agreement, the Court of Appeal held that AmTrust had shown… that the arbitration clause in the framework agreement did not extend to matters subject to the …
Continue reading "Jurisdiction: Trust in Fiona Trust?"
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Andrew Hearn assesses the process and pitfalls for international litigants in the Commercial Court ‘If potentially complex jurisdictional battles are to be avoided, try wherever possible to contract for a suitable choice of law and for the courts which will determine any disputes.’ The international caseload of the English Commercial Court is enormous. A survey …
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Wills & Trusts Law Reports | September 2013 #132Michael Prest (husband) and Yasmin Prest (wife) were married for 15 years and had four children before the wife petitioned for divorce in March 2008. During the marriage the matrimonial home was in England, though for most of the time the husband was found to be resident in Monaco and there was also a second home in Nevis. Petrodel Resources Ltd (PRL), which was incorporated in the Isle of Man, was the legal owner of the matrimonial home and five other residential properties in the United Kingdom. PRL was part of a group of companies, one of which was the legal owner of two more resident...
Clare Arthurs and Alex Fox reflect on the Supreme Court judgment in Nutritek The Supreme Court clearly declined to extend the circumstances in which the corporate veil may be pierced. The corporate veil has been in the limelight of late. The Court of Appeal in VTB Capital v Nutritek International Corp [2012] kept it drawn …
Continue reading "Company: Dance of the corporate veil"
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James Copson analyses the impact of Petrodel v Prest and the repercussions for family lawyers Rimer LJ made it clear that the husband helping himself to the companies’ assets did not alter the status of the companies as separate entities from the owner of their shares. The Court of Appeal decision in Petrodel v Prest …
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Clare Arthurs assesses a recent challenge to corporate protection VTB’s original case was pleaded in deceit and unlawful means conspiracy. The judge overturned the permission VTB had obtained (ex parte) to serve proceedings out of the jurisdiction. The expression ‘Piercing the corporate veil’ is a neat turn of phrase, but what does it actually mean? …
Continue reading "Commercial: To pierce or not to pierce? The Court of Appeal protects the corporate veil"
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