Gerrard v Diligence: High Court gives judgment on Part 36 and costs consequences of discontinuance

April 19 2022

On 25 March 2022, HHJ Fine (sitting as a Deputy Master of the High Court) handed down judgment in (1) David Neil Gerrard & (2) Elizabeth Ann Gerrard v (1) Eurasian Natural Resources Corporation Ltd & (2) Diligence International LLC. The judgment draws to a conclusion the high-profile proceedings between the parties, and contains interesting analysis of the costs consequences where claimants...

Vanadium Battery Venture: High Court dismisses JVA claim

April 13 2022

On 7 March 2022, George Bompas QC (sitting as a Deputy Judge of the High Court) handed down judgment in Garnet Commerce Limited v (1) VRFB Holdings Limited (2) Enerox Holdings Limited [2022] EWHC 481 (Ch). The case concerned a joint venture to develop and manufacture vanadium redox flow batteries between VRFB Holdings Limited (“VRFB”), a vehicle through which a consortium of investors led...

High Court grants stay on forum non conveniens grounds and dismisses application for injunctive relief

April 11 2022

On 11 April 2022 Joanna Smith J handed down judgment in BRG NOAL GP S.à r.l. & Anor v (1) Stefan Kowski & (2) Bastian Lueken, in which the Claimant Luxembourg entities sought interim prohibitory and mandatory injunctions requiring the Defendants to halt proceedings commenced by companies in Luxembourg in which they are indirect shareholders. The Defendants contended that Luxembourg was...

Important Commercial Court judgment on issue estoppel and abuse of process

April 11 2022

In a judgment handed down today (PJSC NBT v Mints [2022] EWHC 871(Comm)), Foxton J has addressed a number of important and novel questions of law concerning issue estoppel and abuse of process. In the underlying Commercial Court proceedings, the claimant bank contends that some of the defendants caused it to enter into a disadvantageous transaction, which was a fraud on the Bank, and that the other...