Commercial

Major success in a 3-week Commercial Court trial of claims against a former director for fraudulent breaches of statutory duty, and against an alleged nominee for dishonest assistance. Defeated limitation and laches defences. Claim was for in excess of £100m.

7-week Commercial Court trial involving complex issues of (inter alia) whether a transfer of assets worth in excess of £250M had been procured by fraud, bribery and blackmail; the bona fide purchaser (“equity’s darling”) defence; equitable liens; tracing and equitable priority; equitable assignments; the construction of settlement and investment agreements; whether Jersey law recognises constructive trusts over immovable property.

Strike out application involving complex issues of the availability of “backwards tracing” in circumstances where a defendant purchases assets with the use of a loan and then uses trust property to repay the loan.

A security for costs application where the adequacy of protection afforded by an ATE policy was in issue. An order was made, for the first time in a security for costs context, that the defendant-applicant’s cross-undertaking in damages should be fortified by a substantial payment of money into Court.

Claim by Jersey company arising out of a high value golf course development in Scotland. Judgments obtained against Scottish company under the TUV provisions in section 238 Insolvency Act 1986 and against former officers for breach of duty under the Companies (Jersey) Law 1991.

Decision on setting aside default judgment.

Multi-million dollar damages claim against a bank arising out of sale of oilfield in Azerbaijan.

In assessing the quantum of equitable compensation and contractual damages arising from the loss of opportunity to enter into a contract, the fact that the defendant had made a loss from the contract did not mean, of itself, that the contract was not profitable.

Arbitration involving shipowners in a dispute as to charterers’ entitlement to cancel a timecharter.

Arbitration for a substantial ship-owning group in relation to disputes as to its entitlement to reject delivery of a series of vessels built at Japanese yards. The disputes were to be resolved by arbitration in Japan.

Dispute involving a defendant insurance intermediary concerning the effect of a judgment in the claimant’s favour. The defendant had been found liable for dishonest conspiracy in a trial in which it had other representation. The disputes concerned (inter alia) whether factual errors in the judgment could be corrected under the slip rule or only on appeal and whether the claimant was entitled to claim for time spent by its employees investigation the conspiracy in the absence of proof of actual loss as a result.

Action for misrepresentation as to the condition of 3 Airbus aircraft leased by SIA to Middle East Airlines.

Leading case on the meaning of constructive delivery for the purpose of ss.24 and 25 of the Sale of Goods Act 1979.

Leading decision in House of Lords on unenforceability under English law of agreements to negotiate/agreements to agree.