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  • Article

    Brave New World: What Every Commercial Practitioner Needs To Know About The New Corporate Insolvency Law

    On 26 June 2020 the UK Corporate Insolvency and Governance Act 2020 entered into force. It represents a radical change in English insolvency law in that (among other things):
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Quadrant Chambers
    Quadrant Chambers
  • Article

    Madison Pacific Trust v Shakoor Capital: A More Nuanced Approach To Illegality?

    In Madison Pacific Trust Limited v (1) Shakoor Capital Company and (2) Joint-Stock Company Commercial Bank Privatbank [2020] EWHC 610 (Ch), the court considered whether the trustee of securitised loan notes ...
    United KingdomLitigation, Mediation & Arbitration
    Quadrant Chambers
    Quadrant Chambers
  • Article

    Farm-Out Agreements And JOAs: A Joined-Up Approach To Construction - Simon Rainey QC

    In what circumstances will one contract be construed by reference to another? In the energy sector, the issue will often be an important one, given the prevalence of suites of contracts dealing with different aspects or layers of involvement or activity.
    United KingdomCorporate/Commercial Law
    Quadrant Chambers
    Quadrant Chambers
  • Article

    'Battle Of The Forms'—first Shot, Framework Agreements And Jurisdiction Clauses - TRW V Panasonic [2021] EWCA Civ 1558

    While the 'last shot' usually wins the contractual 'battle of the forms' to determine which party's standard terms govern the contract concluded, in TRW v Panasonic,
    United KingdomLitigation, Mediation & Arbitration
    Quadrant Chambers
    Quadrant Chambers
  • Article

    Using Force Majeure Clauses In Relation To Inability To Pay: A Forlorn Hope?

    The impact of coronavirus on businesses has been dramatic. Markets have vanished overnight, supply chains have been disrupted or suspended, and many financing arrangements entered into in a different, pre-COVID- 19, world have become unmanageable.
    United KingdomCoronavirus (COVID-19)
    Quadrant Chambers
    Quadrant Chambers
  • Article

    When Is An Appeal Under Section 69 Of The Arbitration Act 1996 Not A Section 69 Appeal?

    Laysun Service Co Ltd v Del Monte International GmbH [2022] EWHC 699 (Comm), is a rare example of a case where permission was granted to appeal against an award in relation to questions...
    United KingdomLitigation, Mediation & Arbitration
    Quadrant Chambers
    Quadrant Chambers
  • Article

    “HEAD-ON” or “CROSSING” SITUATION – The Court of Appeal decides - Nigel Cooper KC and Robert Ward

    Today the Court of Appeal handed down judgment in Monford Management Ltd (the owners of the KIVELI) v Afina Navigation Limited (the owners of the AFINA I) [2026] EWCA Civ 251, the first Court of Appeal...
    United KingdomLitigation, Mediation & Arbitration
    Quadrant Chambers
    Quadrant Chambers
  • Article

    ‘EVER GIVEN' In The Suez Canal: When Is A Binding Contract Concluded?

    At about 05:40 UTC on 23 March 2021, the Ultra Large Container Vessel ‘EVER GIVEN' (the ‘Vessel') grounded in the Suez Canal. She remained aground for about six days and the Canal was blocked...
    United KingdomTransport
    Quadrant Chambers
    Quadrant Chambers
  • Article

    Agency Law And Derivative Claims: A New Way To Make APP Fraud Claims Work?

    The recent case of Hamblin v Moorwand could be a game-changer for individual claimants who have been the victims of Authorised Push Payment fraud, provided that a company has been used to receive and pay away the victim's funds, which it often will
    United KingdomCorporate/Commercial Law
    Quadrant Chambers
    Quadrant Chambers
  • Article

    Winding-Up In The Post CIGA World

    The Corporate Insolvency and Governance Act (‘CIGA') which came into force on 26 June 2020 represents one of the biggest changes to the insolvency law of England and Wales in two decades.
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Quadrant Chambers
    Quadrant Chambers
  • Article

    Maximum Custodial Sentence Imposed For Contempt Under New CPR 81 - XL Insurance Company SE V IPORS Underwriting Ltd, Paul Alan Corcoran & Others [2021] EWHC 1407 (Comm)

    In one the first reported cases dealing with contempt under the new CPR 81 for serious breaches of a freezing order, Mrs Justice Cockerill DBE, the Judge in Charge of the Commercial Court.
    United KingdomLitigation, Mediation & Arbitration
    Quadrant Chambers
    Quadrant Chambers
  • Article

    The CIGA Moratorium: A Lifeline For UK Companies?

    CIGA, which runs to a mammoth 254-pages, was rushed through the United Kingdom's Parliament during the country's lockdown. It came into force on 25 June 2020, ...
    United KingdomCorporate/Commercial Law
    Quadrant Chambers
    Quadrant Chambers
  • Article

    Recent Authority Of Particular Relevance In The Fields Of International Trade And Transport: Dangerous Cargo

    A recent decision of the Commercial Court has affirmed the distinction between the scope of liability for the shipment of dangerous cargo under the English common law and under the Hague and Hague-Visby Rules respectively
    United KingdomInternational Law
    Quadrant Chambers
    Quadrant Chambers
  • Article

    English Court Of Appeal Confirms The Width Of The Consumer Contract Jurisdictional Gateway In Financial Services Claims

    This was very much a product of its time, pre-internet advertising and trading, and, apparently, principally aimed at cross-border mail order catalogues.
    United KingdomFinance and Banking
    Quadrant Chambers
    Quadrant Chambers
  • Article

    Recent Authority Of Particular Relevance In The Fields Of International Trade And Transport: Liability Of Freight Forwarders

    In Matrix Europe Ltd v Uniserve Northern Ltd [2009] EWHC 919 (Comm), HHJ Mackie QC (sitting as a judge of the Commercial Court) considered inter alia the question of the extent to which a freight forwarder may rely upon its standard trading conditions in circumstances where there is loss of or damage to goods delivered to and accepted by it in error.
    United KingdomInternational Law
    Quadrant Chambers
    Quadrant Chambers
  • Article

    Recent Developments In The Law Of Unjust Enrichment - Paul Toms And Joseph Gourgey

    Over the summer, two interesting judgments were handed down by the Court of Appeal concerning the law of unjust enrichment.
    United KingdomLitigation, Mediation & Arbitration
    Quadrant Chambers
    Quadrant Chambers
  • Article

    A Reach Too Far? A Review Of The Extra-Territorial Scope Of The Court's Powers To Support Office-Holder's Investigations

    This article considers whether, following the case of Wallace (as liquidator of Carna Meats (UK) Ltd) v Wallace, the power to summon persons...
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Quadrant Chambers
    Quadrant Chambers
  • Article

    Court Interprets "Affected Area" Under The BIMCO Infectious Or Contagious Diseases Clause For Time Charter Parties 2015: Bunge S.A v Pan Ocean Co. Ltd. (The "Sagar Ratan") [2025] EWHC 193 (Admiralty) - Gemma Morgan, Mark Stiggelbout & Conor Fenton-Garvey

    The recent decision of Henshaw J in Bunge S.A v Pan Ocean Co. Ltd. (The "Sagar Ratan") [2025] EWHC 193 (Admiralty) analyses issues that often arise out of shipping delays caused by infectious diseases.
    United KingdomCoronavirus (COVID-19)
    Quadrant Chambers
    Quadrant Chambers
  • Article

    The Supreme Court Revisits Corporate Responsibility For Environmental Damage: Okpabi V Royal Dutch Shell

    It was only in 2019 that the Supreme Court last provided authoritative guidance on the circumstances in which an English parent company might owe a duty of care in respect of the negligence of its...
    United KingdomLitigation, Mediation & Arbitration
    Quadrant Chambers
    Quadrant Chambers
  • Article

    APP Fraud After Philipp V Barclays: A New Hope For Victims?

    The Supreme Court decision of Philipp v Barclays dealt a blow to victims of Authorised Push Payment fraud who seek recompense from their banks. The Quincecare duty is not engaged in such cases.
    United KingdomCriminal Law
    Quadrant Chambers
    Quadrant Chambers

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