MCKILLEN -V- MISLAND & ORS. [2012] EWHC 2343 (CH)

August 10 2012

ONE ESSEX COURT TEAMS TRIUMPH IN CLARIDGE’S OWNERSHIP DISPUTE: MCKILLEN V MISLAND Mr Justice David Richards handed down judgment on 10 August 2012 in McKillen v Misland (Cyprus) Investments Ltd.  The dispute pitted Mr McKillen against Sir Frederick and Sir David Barclay and their interests in a case concerning the ownership of Claridge’s and The Connaught and Berkeley hotels. ...

ANTONIO GRAMSCI SHIPPING CORPORATION V LEMBERGS [2012] EWHC 1887 (COMM) (TEARE J)

July 16 2012

Anthony de Garr Robinson QC and Laurence Emmett successfully challenged jurisdiction in relation to a large fraud claim relating to the Latvian shipping industry. The case involved detailed consideration of (among other matters) whether it is possible to establish jurisdiction by “piercing the corporate veil”, the nature and application of the “good, arguable case” test in relation...

YUKOS CAPITAL SARL V OJSC ROSNEFT OIL COMPANY [2012] EWCA CIV 855

June 28 2012

The Court of Appeal (Rix, Longmore and Davis LJJ) gave a unanimous judgment on 27 June 2012 allowing in part Rosneft’s appeal on two preliminary issues in a case concerning the enforcement by Yukos Capital of Russian arbitral awards which have previously been set aside by the courts of Russia (the seat of the arbitration).  The first preliminary issue concerned the scope of the act of state...

ORACLE AMERICA INC (FORMERLY SUN MICROSYSTEMS INC) V M-TECH DATA LIMITED [2012] UKSC 27

June 27 2012

The UK Supreme Court today allowed an appeal against a decision of the Court of Appeal which had held that a parallel importer’s “Euro-defences” under Articles 34 to 36 and 101 TFEU and the EU principle of abuse of rights had a real prospect of success. The defendant had imported a number of computer disk drives bearing the Sun trade marks from the USA into the UK.  The claimant...