Terra Firma has successfully obtained rectification of the terms of a private equity financing transaction completed in 2012, concerning the Four Seasons care homes business. The transaction required the Parent company to provide security over a particular shareholder loan which was part of the overall funding package. Having belatedly spotted, in 2016, that the relevant security documentation had either...
One Essex Court is delighted to announce that Dame Elizabeth Gloster has returned to Chambers as an arbitrator. Dame Elizabeth practised as a Chancery and Commercial QC at One Essex Court from 1991 until 2004, before accepting an appointment as a High Court judge, becoming the first woman to be appointed a judge of the Commercial Court. She was appointed to the Court of Appeal in 2013 and was...
Craig Orr QC has given presentations to the Chancery Bar Association (at its restitution seminar) and Combar (at its conference in Vienna) on the Supreme Court’s recent decision in Morris-Garner v One Step, in which the Supreme Court clarified the circumstances in which negotiating damages (also known as Wrotham Park damages) are available for breach of contract. Craig Orr QC appeared, together...
Kamoto Copper Company SA v (1) Africa Horizons Investments Ltd and (2) Ventora Development SASU  EWHC 1086 (Comm) Mr Justice Males ordered an anti-suit injunction against the defendant companies on the claimant’s application after the second defendant commenced proceedings in the DRC claiming US$2.857 billion in relation to the alleged assignment of a royalties agreement. The claimant and...
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