Privy Council restates principles of contractual damages when remitting arbitral award

July 13 2020

The Privy Council has considered the basic principles on which damages are awarded for breach of contract and distilled five points of general application in Global Water Associated Limited v Attorney General of the British Virgin Islands [2020] UKPC 18.  The five points are: In principle the purpose of damages for breach of contract is to put the party whose rights have been breached in the same...

Three New Tenants at One Essex Court

July 10 2020

One Essex Court is delighted to announce that all three of the current pupils will join Chambers as tenants on 1st October 2020. Jade Fowler, Michael Kotrly and Matthew Hoyle all exceeded the high standard of excellence demanded of pupils at One Essex Court. Their success follows a rigorous period of training and evaluation, during which time they all demonstrated exceptional ability...

HMRC successfully defends assessments of oil royalties

July 09 2020

HMRC has successfully defended substantial corporation tax assessments on oil royalties in Royal Bank of Canada v HMRC [2020] UKFTT 267 (TC), an important decision by the First-tier Tribunal (Tax Chamber) (“FTT”) on the construction of article 6 of the UK / Canada double tax treaty (immovable property) and the scope of the UK’s ring fence corporation tax regime.   The taxpayer...

Commercial Court upholds order enforcing arbitration award against public policy challenge under s 103(3) Arbitration Act 1996

June 18 2020

Commercial Court upholds order enforcing arbitration award against public policy challenge under s 103(3) Arbitration Act 1996: Alexander Brothers Ltd v Alstom Transport SA and Anr [2020] EWHC 1584 (Comm). The Defendants applied to set aside an order enforcing a Swiss-seated ICC arbitration award in favour of the Claimant on the public policy ground. The factual ground alleged was bribery and corruption...