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Legal Blog & Publications

David Russell QC acts successfully for Godolphin Australia Pty Ltd, owned by HH Ruler of Dubai, in thoroughbred horse breeding dispute

In Godolphin Australia Pty Ltd v Chief Commissioner of State Revenue, David Russell QC acted successfully for the plaintiff, with the Australian court finding that the thoroughbred horse breeding properties were exempt from land tax. Factors included, the uneconomic nature of the racing operations viewed as a stand-alone operation, as important reasoning for finding the dominant use of the land was for the maintenance of animals to sell their bodily produce.  The plaintiff, Godolphin Australia Pty Ltd, is part of the global thoroughbred breeding operation and horseracing team founded by the Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum. Represented by David Russell QC, it sought a review under s97(1) of the Taxation Administration Act 1996 (NSW) of an unfavourable…

Private Client & Trusts, News, International 3 May, 2022

The Reciprocal Enforcement of Civil Judgments between the UAE and India

David Russell QC has co-authored a feature in the MENA Business Law Review, looking at the Agreement between the UAE and India on Juridicial and Judicial Cooperation in Civil and Commercial Matters. The Agreement between the United Arab Emirates and India on Juridicial and Judicial Cooperation in Civil and Commercial Matters (the “Treaty”) was signed in 1999 and ratified in 2000. In January 2020, the Government of India notified the UAE as a “reciprocating territory” for the purposes of recognising UAE civil judgments in India without a re-examination of the merits of the underlying dispute. The Treaty is a reflection of the close cultural and economic ties between the two countries. The mutual recognition of civil judgments between a civil…

Legal Blog & Publications, Commercial, International 11 Apr, 2022

Five years of cases before the ADGM Courts

2021 saw the fifth anniversary of the first disputes registered before the Courts of the Abu Dhabi Global Market. Peter Smith takes this opportunity to consider the cases that the ADGM Courts have heard. The Courts publish a searchable list of claims before them. The first claims were registered at the Courts in 2017, and the numbers of cases show a swift increase over the intervening five years from seven claims in 2017, 13 in 2018, eight in 2019, 53 in 2020 and to well over 100 in 2021. An early indication is that the Courts are highly likely to surpass the 2021 total in 2022. Many, if not most, of the cases registered before the Courts relate to claims…

Arbitration, Legal Blog & Publications, Commercial 11 Apr, 2022

David Holloway is published in ICC Dossiers on multilateral and unilateral sanctions

‘The Case of Multilateral and Unilateral Sanctions.’ David Holloway has co-authored a chapter discussing the interaction between sanctions and international arbitration in the ICC publication ‘Overriding Mandatory Provisions and Arbitrability in International Arbitration’ The sanctions enacted by the European Union (EU), the United States of America (U.S.) and various other States in 2014 against several Russian individuals, as well as the (re-imposed) sanctions regimes put in place against Iran and Iranian nationals have sparked a debate among scholars and practitioners concerning the arbitration of disputes involving parties or transactions targeted by the sanctions. The issues arising from these actions, however, are not completely novel. The impact of sanctions on international arbitration has been studied and discussed for many years, notably…

Arbitration, News, International 11 Apr, 2022

Cyber-Fraud, Third Party Fraudsters, and the Expansion of the Quincecare Duty

Stephen Doherty explores some recent cases involving “Quincecare Duty”, which has existed for over thirty years, and what these new precedents mean for modern banking fraud cases. “Quincecare Duty” was established in Barclays Bank plc v Quincecare Ltd [1992] 4 All ER 363, and tells us that a bank or financial institution may be liable for processing a fraudulent transaction if the bank has reasonable grounds for believing that there has been an attempt to defraud its customer. Remarkably, it was not until the Supreme Court handed down judgment in 2019, in Singularis Holdings Ltd (In Official Liquidation) (A Company Incorporated in the Cayman Islands) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50, that a claimant had successfully argued…

Business Crime, Legal Blog & Publications, Commercial, Financial Services 8 Apr, 2022

Hong Kong skyline

International arbitration in Hong Kong – innovation and change

Hong Kong continues to compete and innovate in the world of international arbitration. This is reflected in the legislative framework, key reforms, and the practice of the leading institutions in Hong Kong. This short article introduces Hong Kong as a seat of arbitration and provides an update on recent reform and innovation. Authors David Holloway and Damien McDonald conclude this article with an observation on practice in Hong Kong and how it supports the development of Hong Kong as a leading arbitration seat. Arbitration Framework – supporting commercial arbitration Hong Kong’s international focus The arbitration law in Hong Kong was based on English arbitration law until 1989 when the Arbitration Ordinance was amended to adopt the UNCITRAL Model Law on…

Arbitration, Legal Blog & Publications, International 8 Apr, 2022

Supreme Court

Brownlie II and pure economic loss – what next for jurisdiction in commercial cases?

The case of Brownlie II highlighted a number of jurisdiction questions. Joshua Cainer acted as a Junior on the case and takes a look at the implications of the decision on commercial law. Joshua Cainer considers some of the outstanding questions about jurisdiction in commercial cases relying on claims in tort following the Supreme Court’s decision in FS Cairo (Nile Plaza) LLC v Lady Brownlie [2021] UKSC 45, [2021] 3 WLR 1011 (‘Brownlie II’). Whilst that case concerned a claim for personal injury, it is likely to have effects on cases involving questions of private international law in a far broader range of practice areas, particularly commercial law. This is a case brought by Lady Christine Brownlie, both in her…

Legal Blog & Publications, Commercial 8 Apr, 2022

Cross Border Insolvencies Within One Nation: The UAE Experience

In one of the first expositions by the DIFC Court of the effect of Schedule 4 of the DIFC Insolvency Law, the case confirmed that the UNCITRAL Model Law applies in the DIFC only in relation to corporate insolvency. David Russell QC and David Holloway appeared as counsel. This case has generated great interest and was recently included as a Case Focus in Lexis Middle East Law Alert March/April 2022. David Russell QC and David Holloway appeared as counsel and have also written a more detailed Case Comment, first published in the MENA Business Law Review 2022 First Quarter. What happened? An application was made by Trustees who had been appointed by the Abu Dhabi Court in some insolvency proceedings.…

Legal Blog & Publications, Commercial, Insolvency and Restructuring 8 Apr, 2022

Cryptocurrency

Cryptoasset Update – April 2022

There have been a number of recent cases concerning cryptoassets, many of which will have an impact on the legal landscape going forward. Chloë Bell provides an update on cases and developments. The attached article, Cryptoassets Update, provides an update on cryptoasset cases and industry developments in recent months. It also includes an update on member activity in this specialist area of law. Case Updates In this article, the following cases are summarised: Wang v Darby [2021] EWHC 3054 (Comm) 17 November 2021Sally Jayne Danisz v Persons Unknown and others [2022] EWHC 280 (QB) 5 January 2022Mr Dollar Bill v Maxim Vasilvsky, Huobi and others (unreported) 14 January 2022Tulip Trading Limited v Bitcoin Association for BSV and Others [2022] EWHC…

Legal Blog & Publications, Commercial, Commercial, News 8 Apr, 2022

Alex Cisneros

Court of Protection: When relationships break down

Discharging a deputy is not a step that would be taken lightly and professional deputies should not expect to step aside merely because they consider it to be necessary. Alex Cisneros’ article is published in Trusts and Estates Law & Tax Journal where he discusses a recent case concerning discharging deputies in the Court of Protection. In this article, originally published in Trusts and Estates Law & Tax Journal, Alex Cisneros considers the circumstances when a court will discharge a deputy. He explores the case of Kambli v The Public Guardian [2021] EWCOP 53 in which Claire van Overdijk, also of Outer Temple Chambers, appeared as counsel for the applicant. Discharging a Court of Protection deputy is not a step…

Private Client & Trusts, Legal Blog & Publications, News 7 Apr, 2022

Protectors' Power of Consent

‘The Protectors’ Power of Consent’ – David E. Grant is published in TL4 Private Client Magazine

David E. Grant has published an article in the latest edition of the ThoughtLeaders4 Private Client magazine looking at the evolving concept of the protectors’ power of consent. Three recent cases in three different jurisdictions have considered a hitherto unexplored question in the law of trusts – what is the scope of a protector’s power of consent? The three cases were PTNZ v AS & Ors [2020] EWHC 3114 (Ch) in the English High Court, In the matter of the X Trusts [2021] SC (Bda) 72 Civ in the Supreme Court of Bermuda, and In the matter of the Piedmont Trust and Riviera Trust, Jasmine Trustees & Anor v M & Ors [2021] JRC24 in the Royal Court of Jersey.…

Private Client & Trusts, Legal Blog & Publications, News 23 Feb, 2022

Chelsea FC settles racism claims

Success for James Counsell QC and Ben Bradley as Chelsea FC settle four claims for racist abuse

Four Claimants, all represented by James Counsell QC and Benjamin Bradley, have settled their claims for damages against Chelsea Football Club for undisclosed six figure sums in abuse proceedings. The Claimants settled their claims for damages against Chelsea Football Club for undisclosed six figure sums on 7th February at a pre-trial review hearing.  The claims, which were listed for a six week trial, involving 62 witnesses, in four weeks’ time alleged that two former employees, Graham Rix, the former England international footballer, and Gwyn Williams, whilst working for the club’s youth training programme in the 1990s, racially abused these four young black footballers when they were aged between 14 and 18. At a court hearing in May 2021, the High…

News, Personal Injury 8 Feb, 2022

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