News & Events
News & Events
On 9th December 2024, the High Court handed down judgment in Samrai and Others v Kalia [2024] EWHC 3143 (KB). Sarah Crowther KC and Daniel Clarke, who were instructed by Kingsley Napley, acted successfully for the Defendant, Mr Rajinder Kalia. The judgment follows an 18-day trial in the summer of 2024 which involved significant amounts of witness handling including on sensitive issues and forensic deconstruction of expert witness evidence. Mr Justice Martin Spencer struck out the claims of two of the claimants and dismissed the other claims. To read the full judgment of the case, click here. Sarah Crowther KC is a leading personal injury and discrimination silk. She is noted by Chambers & Partners UK as “a great cross-examiner……
News 16 Jan, 2025
The High Court has handed down its judgment in British Broadcasting Association v (1) BBC Pension Trust Limited (2) Christina Burns in which Andrew Spink KC and Saul Margo, instructed by Helena Berman at Stephenson Harwood acted on behalf of the successful Representative Beneficiary. This landmark decision is now only the second case (after Lloyds Bank Pension Trust Corporation v Lloyds Bank plc [1996] PLR 263) in which a domestic court has found that a fetter on a pension scheme’s amendment power protects future service benefits. The case was brought because the BBC wished to limit the ongoing costs of funding the BBC Pension Scheme and needed to understand the scope of the fetter on the Scheme’s amendment power. The…
News 28 Jul, 2023
Outer Temple’s Anson Cheung comments on the case of Tulip Trading which was first heard in the High Court. This case generated much interest in being the first case to argue that bitcoin developers owed fiduciary duties to the true owners of a defrauded cryptoasset owner. That argument was quickly shot down in the High Court for having no prospects of success, but has now been resuscitated by the Court of Appeal. Background Following an alleged hacking and subsequent theft of keys controlling approximately £3b in cryptoassets, Tulip Trading Limited (Tulip) issued proceedings against certain crypto developers who it claimed controlled and ran 4 different bitcoin networks. Tulip claimed that the developers owed it a fiduciary duty and/or tortious duty…
Legal Blogs 23 Apr, 2023
Robert Rhodes QC and Andrew Maguire have had an article published in the esteemed US-China Law Review titled “Cryptoassets—Obtaining English Freezing and Proprietary Injunctions in relation to Civil Fraud”. The article follows the landmark judgment of Bryan J. in the High Court, in the recent case of AA v Persons Unknown [2019] EWHC 3556, where he ruled that cryptoassets are property under English law: cryptoassets being not things in possession nor things in action, but a third category of property which English law recognises. The article then proceeds to explore how worldwide injunctive relief may be granted by the English High Court in relation to Cryptoassets—either proprietary or freezing injunctions. The English courts’ primary objective is to provide overseas litigants…
External Publications 9 Jun, 2020
Andrew Maguire explores whether it is possible, during Covid-19, for an applicant to apply for Freezing and Proprietary Injunctions remotely in the High Court. Can an applicant still apply for Freezing and Proprietary Injunctions remotely? During these uncertain times during the lockdown, the question arises as to whether an applicant may still apply for an urgent interim without notice freezing or proprietary injunction as well as ancillary orders, such as a search order or a Norwich Pharmacal/Banker’s Trust order, (which will be collectively referred to as an “injunction” or “injunctive relief”) at the High Court? The simple answer is yes. An applicant can still obtain an urgent injunction and the courts are still open for business; remotely or by telephone.…
Covid-19 6 May, 2020
