Mr Justice Barling has upheld an application by Mr Gennadiy Bogolyubov, a Ukrainian businessman, challenging the English Court’s jurisdiction to try a claim by Mr Vadim Shulman against him and Mr Igor Kolomoisky. The principal question was whether Mr Bogolyubov, who had previously been domiciled in England, had by the date of the claim form done enough to cease to be domiciled in England and to...
The Court of Appeal on 30th January has provided important guidance on the interpretation of exceptions to limitation or exclusion clauses, for ‘fraud’, provisions which very commonly feature in commercial contracts, and in so doing uphold an order striking out/giving summary judgment against a counterclaim for US$55 million. The proceedings involve a claim for unpaid fees arising from the...
One Essex Court is delighted that Sonia Tolaney QC has again been recognised in The Lawyer’s Hot 100 list, which has just been released for 2018. The Lawyer’s Hot 100 “gathers together the standout lawyers in the UK over the past year” and has identified Sonia as “one of the Bar’s most celebrated silks”. The full article can be viewed here. A link to Sonia’s...
This dispute concerned the construction of a statute relating to the rights of minority shareholders. The Commercial Court determined the true construction of an Italian statute, introduced in 2003, in order to effect sweeping Italian company law reforms and to increase minority shareholder protections. This statute has been (and continues to be) the subject of extensive and conflicting Italian...
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