Significant Commercial Court judgment on the ‘extended Fiona Trust’ principle, where an exclusive jurisdiction clause in one contract is held to apply to disputes about a subsequent related contract

July 18 2022

The Commercial Court (Financial List) has given a significant judgment on the scope and effect of the exclusive jurisdiction clause in an ISDA Master Agreement, and the application of Article 25 of the Recast Brussels Regulation, in the circumstances of a dispute about the validity and effect of a subsequent contract between the parties without a jurisdiction clause. Brescia entered into swap transactions...

University gowns competition claim dismissed

July 15 2022

The CAT today dismissed a claim by Churchill Gowns against Ede & Ravenscroft for anti-competitive behaviour relating to the supply of university gowns to students for graduation ceremonies. Churchill Gowns is a start-up company whose business model involves hiring graduation gowns direct to students online. It brought a standalone claim under sections 2 and 18 of the Competition Act 1998, alleging...

Court of Appeal hands down important judgment in Fundão Dam litigation

July 15 2022

On 8 July 2022, the Court of Appeal handed down judgment in Municipio de Mariana & ors v BHP Plc & BHP Ltd. The Court allowed the Claimants’ appeal and allowed the group litigation arising out of the collapse of the Fundão Dam in Brazil to proceed in this jurisdiction. The Claimants are over 202,000 individuals resident in Brazil and certain Brazilian municipalities, faith-based...

Anthony de Garr Robinson QC acts in successful appeal in Tesco v USDAW

July 15 2022

The Court of Appeal has, today, unanimously allowed Tesco’s appeal in Tesco v Union of Shop, Distributive and Allied Workers [2022] EWCA Civ 978. The High Court (Ellenbogen J) had granted a permanent injunction to prevent Tesco dismissing and re-engaging employees to remove a particular pay supplement known as “retained pay”. Discharging that injunction, the Court: held that...