ArticleDid You Miss? Spencer v SpencerFather and son had farmed land together for decades; they had formed a successful partnership in 1983.United KingdomFamily and MatrimonialGatehouse Chambers
ArticleApplication To Strike Out An Unquantified Wrongful Trading Claim Dismissed (Re BHS Group Ltd)Dispute Resolution analysis: Deputy ICCJ Schaffer has dismissed an application brought by the Respondents to a claim brought by the Joint Liquidators of BHS Group Ltd for wrongful trading.United KingdomInsolvency/Bankruptcy/Re-StructuringGatehouse Chambers
ArticleHMRC Ordered To Bear The Costs Of An Ill-founded Bankruptcy (Re Adjei)Dispute Resolution analysis: In a case where a bankruptcy was annulled on the basis that the alleged tax liability was ill-founded and misconceived, HMRC has been ordered to bear the OR's and the trustees' costs of the bankruptcy.United KingdomInsolvency/Bankruptcy/Re-StructuringGatehouse Chambers
ArticleAssertion Of Privilege Fails But No Waiver Of Privilege (Kyla Shipping Co Ltd And Another v Freight Trading Ltd And Ors)Dispute Resolution analysis: The Commercial Court has rejected an assertion by Cs of litigation privilege in respect of a category of documents in proceedings coming shortly to trial. United KingdomLitigation, Mediation & ArbitrationGatehouse Chambers
ArticleCase Analysis: Lakatamia Fails In Latest Unlawful Means Conspiracy Claim (Lakatamia Shipping Company Ltd v Su And Others)Dispute Resolution analysis: A long-standing judgment creditor has failed in largely undefended claims for unlawful means conspiracy and the Marex tort in a judgment which shines significant light...United KingdomLitigation, Mediation & ArbitrationGatehouse Chambers
ArticleContemnor Required To Attend An In Person Hearing For Cross Examination (Deutsche Bank AG v Sebastian Holdings Inc And Another)Dispute Resolution analysis: An admitted contemnor subject to a suspended warrant for committal has been ordered to attend in person for cross examination in relation to the assets of a company he controlled. United KingdomLitigation, Mediation & ArbitrationGatehouse Chambers
ArticleCorporate Liability But No Individual Director Liability For Misrepresenting A Cypriot Property Investment Scheme (Barclay-Watt V Alpha Panareti Public Limited And Anor)Dispute Resolution analysis: The Court of Appeal has upheld the decision at trial that a Cypriot property development company is liable for losses caused to individual investors by way of misrepresentation...United KingdomLitigation, Mediation & ArbitrationGatehouse Chambers
ArticleCourt Of Appeal Overturns Findings Of Fact In A Business Ownership Dispute (Keane v Sargen And Ors)Dispute Resolution analysis: The Court of Appeal has overturned a decision of ICC Judge Jones in which he found in favour of an individual who claimed that the share in a company...United KingdomLitigation, Mediation & ArbitrationGatehouse Chambers
ArticleCuciurean v Secretary Of State For Transport [2021] EWCA Civ 357The Secretary of State for Transport obtained an injunction in March 2020 which prohibited "persons unknown" from trespassing on land held for the purposes of the HS2 rail project. United KingdomLitigation, Mediation & ArbitrationGatehouse Chambers
ArticleDefault Judgment Granted In Part In Long-Running Hacking And Fraud Claim (Ras Al Khaimah Investment Authority V Azima And Others)Dispute Resolution analysis: The High Court has granted default judgment on part of a counterclaim against the Ras Al Khaimah Investment Authority in a long-running set of proceedings, following the decision...United KingdomLitigation, Mediation & ArbitrationGatehouse Chambers
ArticleDid You See? You May Have Missed Colin White, Frances White V Merwin Amirthan Amirtharaja, Jennifer Shiromi Amirtharaja [2022] EWCA Civ 11Colin White, Frances White v Merwin Amirthan Amirtharaja, Jennifer Shiromi Amirtharaja [2022] EWCA Civ 11, 13 January 2022...United KingdomLitigation, Mediation & ArbitrationGatehouse Chambers
ArticleFixed Recoverable Costs And VulnerabilityThe changes extending fixed recoverable costs (FRC) to most civil litigation claims with a value of up to £100,000 are now here and were implemented on 1 October 2023. United KingdomLitigation, Mediation & ArbitrationGatehouse Chambers
ArticleLate Application To Rely On Expert Evidence Is Not An Application For Relief From Sanctions (Yesss (A) Ltd V Warren)Dispute Resolution analysis: The Court of Appeal has drawn a distinction between late applications to adduce factual evidence and late applications to rely upon expert evidence.United KingdomLitigation, Mediation & ArbitrationGatehouse Chambers
ArticleLexisNexis Q&A – Can A Claim For Procuring A Breach Of Contract Be Brought By A Party That Itself Is Not Party To The Breached Contract?The question does not specify who the proposed Claimant is in this example or their relationship to the contractual parties. This note proceeds on the assumption that they are connected...United KingdomLitigation, Mediation & ArbitrationGatehouse Chambers
ArticleNo Tortious Duty Of Retrieval Owed By The Receiving Bank In Authorised Push Payment Fraud (Santander UK Plc v CCP Graduate School Ltd)Dispute Resolution analysis: On appeal, it has been held that a master should have struck out a claim brought by a victim of authorised push payment (‘APP') fraud against a recipient bank...United KingdomLitigation, Mediation & ArbitrationGatehouse Chambers
ArticlePermission Given To Rely On A Witness Statement Served Late But Without Fault (Libyan Investment Authority And Ors v King And Ors)Dispute Resolution analysis: Permission given to a party to rely on a witness statement served well after the deadline imposed by the Court directions in circumstances where it became clear to that party ...United KingdomLitigation, Mediation & ArbitrationGatehouse Chambers
ArticleSilence Is True Wisdom's Best Reply – The Use And Misuse Of The ReplyThe recent judgment of Pepperall J in Martlet Homes Ltd v Mulalley and Co Ltd [2021] EWHC 296 emphasised the point that a new case or new allegations should not be pleaded in the Reply, but in an Amended Particulars of Claim instead.United KingdomLitigation, Mediation & ArbitrationGatehouse Chambers
ArticleThe Court Of Appeal Gives Guidance On S36 Limitation Act 1980: HMRC v IGE USA Investments & OrsThe Court of Appeal (Henderson LJ, with whom Asplin and Birss LJJ agreed) has handed down judgment in HMRC v IGE USA Investments and others, an important appeal about the scope of the ...United KingdomLitigation, Mediation & ArbitrationGatehouse Chambers
ArticleCase Summary: Gurusinghe V Drumlin Ltd [2021] UKUT 268 (LC)The tenant appellants had applied for rent repayment orders naming two parties they understood to be their landlords, for managing an unlicensed house in multiple occupation. United KingdomReal Estate and ConstructionGatehouse Chambers
ArticleRights To Light After Cooper v Ludgate House LtdOn 8th July 2025 Mr Justice Fancourt handed down his long awaited judgment in Cooper v Ludgate House Ltd [2025] EWHC 1724 (Ch).United KingdomReal Estate and ConstructionGatehouse Chambers