Minera Las Bambas S.A. and anr v Glencore Queensland Ltd and ors  EWCA Civ 972 The Court of Appeal has today handed down judgment on a claim brought under a tax indemnity contained within an SPA, in circumstances arising from the sale by Glencore to MMG of a company operating the Las Bambas copper mining project in the Apurímac region of Peru. The case concerned the effect of tax assessments...
One Essex Court congratulates Sonia Tolaney QC on her appointment as Chair of the Commercial Bar Association (COMBAR). The appointment is for two years. Sonia previously served as COMBAR Vice-Chair and Treasurer [2017-19] and as Secretary [2015-17]. Recognised as one of the leading silks at the Commercial Bar, Sonia’s work embraces a broad spectrum of specialist sectors including;...
In the past week the Third, Fifth and Sixth chambers of the General Court of the European Union have each delivered judgment in cases spanning a wide range of current issues in trade mark law and procedure. On 16 May 2019 the Sixth Chamber delivered judgment in Case T-354/18 KID-Systeme v EUIPO EU:T:2019:333, following an oral hearing in Luxembourg on 13 February 2019. The applicant put forward...
Persimmon Homes v Hillier  EWCA Civ 800 Michael Fealy QC acted for Persimmon at trial, and on appeal, in obtaining damages for breach of warranty in a share sale and purchase agreement. Persimmon had bought the shares in a house building company, only to discover that the vendors had held back some sites leaving them with a ransom strip. Michael succeeded in persuading the court that the...
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