Simon v Taché [2022] EWHC 1674 (Comm) – Brussels Recast in proceedings commenced after the Brexit transition period

July 20 2022

HHJ Cawson QC, sitting as a Judge of the High Court, has handed down an important judgment concerning Article 67 of the EU-UK Withdrawal Agreement and the effect of related proceedings in Member States. The Claimant commenced English proceedings alleging that the Defendants (Belgian art advisors) had breached various contractual, tortious and fiduciary duties in connection with the Claimant’s...

CAT ruling on pass-on claims

July 19 2022

In a highly significant ruling, the Competition Appeal Tribunal has given practical guidance about how it intends to deal with the issue of pass-on in competition litigation. Two of the most significant sets of proceedings currently before the CAT – the Merchant Interchange Fee Proceedings and Merricks v Mastercard – involve the issue of pass-on. The Merchant proceedings are brought by a...

Tom Foxton joins One Essex Court

July 19 2022

One Essex Court is delighted to announce that Tom Foxton has joined Chambers. Tom has already developed a formidable reputation as a sought-after commercial junior, particularly in relation to arbitration, banking and civil fraud work. Tom’s expertise will both complement and strengthen the services offered to clients in these and related areas at One Essex Court. Lord Grabiner said: “I...

Contra v Bamford – claim for a contractual success fee is struck out

July 18 2022

Today the Commercial Court gave judgment striking out a claim arising out of an alleged contract in 2011 for the provision of consulting services by the claimant, an offshore vehicle, to the defendant, Mr Mark Bamford.  The claimant had allegedly contracted to provide consulting services to the defendant in relation to a possible sale of the JCB business in 2012.  By at least 2015 the defendant...