Glencore defeats SPA tax indemnity claim in the Court of Appeal

June 14 2019

Minera Las Bambas S.A. and anr v Glencore Queensland Ltd and ors [2019] 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...

Sonia Tolaney QC elected Chair of COMBAR

June 07 2019

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;...

European Court dismisses three separate appeals from the EUIPO

May 23 2019

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...

Court orders rectification of a disclosure letter in a private company share sale

May 17 2019

Persimmon Homes v Hillier [2019] 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...