Recent examples of members’ experience include:
Pakistan International Airline Corp v Times Travel (UK) Ltd [2023] A.C. 101, the leading modern case in the Supreme Court as to the circumstances in which a contract may be rescinded for economic duress.
Sevilleja v Marex Financial Ltd [2021] A.C. 39, the leading modern decision of the Supreme Court on the ‘reflective loss’ principle in company law.
Attorney General of Trinidad and Tobago v Trinsalvage Enterprises Ltd [2023] 1 W.L.R. 4045, in which Lord Burrows (for the majority) and Lord Briggs (in the minority) disagreed about whether work done under a void contract with the government attracted a right to recover a quantum meruit in the law of unjust enrichment.
Lux Locations v Yida Zhang [2023] UKPC 3, in which the Privy Council, in this long-running commercial dispute in the Eastern Caribbean, recast the law as to the court’s duties when considering an application for default judgment in a case where the judge must give ‘such judgment as the claimant is entitled to on the statement of case’ (CPR r.12.12(1)).
Musst Holdings Limited v Astra Asset Management UK Ltd [2023] EWCA Civ 128, about the non-applicability of a no-oral-variation clause to a novation.
R (All-Party Parliamentary Group on Fair Business Banking) v Financial Conduct Authority, an ongoing challenge to the lawfulness of the FCA’s response to a report critical of its scheme for providing redress to the victims of mis-selling of interest-rate-hedging products.
Fossil (Gibraltar) Ltd v Commissioner of Income Tax (C-705/20) (2022), a decision of the European Court of Justice about the recovery of unlawful state aid.
Lifestyle Equities CV v Ahmed [2021] Bus. L.R. 1020, in which the Court of Appeal considered the principles of personal accessory liability for torts committed by a company. Judgment is pending on the appeal to the Supreme Court.
Betamax Ltd v State Trading Corporation [2021] UKPC 14, [2021] Bus LR 1253, a decision of the Privy Council on the construction of the UNCITRAL Model Arbitration Law 1985 in connection with public policy.
Official Receiver v Batmanghelidjh [2021] EWHC 175 (Ch), in which members of Chambers successfully defended the late Camilla Batmanghelidjh against disqualification in the aftermath of the collapse of the charity, Kids Company.
Re Paramount Powders (UK) Ltd [2020] B.C.L.C. 1, where the Court of Appeal gave guidance about the relevance of the claimant’s own misconduct to a claim to wind a company up on the ‘just and equitable’ ground.
