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St Philips Commercial

St Philips Commercial

Wednesday, 09 March 2016 00:00

Split Eclairs and the Proper Purpose Rule

James Morgan reviews the recent Supreme Court decision in Eclairs Group Plc v JKX Oil & Gas plc [2015] UKSC 71 in relation to the duty on directors under s.171, Companies Act 2006 to exercise their powers for proper purposes, with particular reference to the situation where the company is financial difficulty. A full copy of the article, which is reproduced with the kind permission of CRI, can be viewed by clicking here.

St Philips is delighted to announce that Her Majesty the Queen has approved the appointment of Professor Jonathan Harris as Queen’s Counsel Honoris Causa.

Lord Chancellor Michael Gove said of the announcement:  “Their appointments recognise the major contribution each has made to the law of England and Wales outside of practice in the courts, in some cases in careers spanning many years.”

Professor Jonathan Harris is an associate tenant barrister at St Philips and is Professor of International Commercial Law at King’s College, London.  He was called to the Bar (Lincoln’s Inn) in 2006 and has been recommended for his work on private international law and in particular for having written the law in several jurisdictions on firewall trusts. He is joint general editor of Dicey, Morris and Collins, The Conflict of Laws and is also responsible for eleven chapters of the book. He is the author of a widely cited book on the Hague Trusts Convention and of a co-authored work on International Sale of Goods and the Conflict of Laws. He has also contributed to various major works and written numerous influential articles. He is the co-founder of the Journal of Private International Law and of the Studies in Private International Law book series. He is a member of the Lord Chancellor’s Advisory Committee on Private International Law and has actively contributed to the Committee’s work. He has advised the Ministry of Justice on many occasions and, in particular, in negotiations on EU initiatives in the field of cross-border succession and wills.

His full CV can be viewed here.

An appeal from a first-instance decision in respect of whether a finance house would be estopped from asserting its rights in a vehicle after it had taken steps to alter the HPI register to demonstrate that its interest had been satisfied or extinguishe.

Ali Tabari

Disqualification proceedings against a director convicted in the Crown Court of forgery dismissed as being an abuse of process, on the linked grounds that the Crown Court had declined to make a disqualification Order and the SSBIS had written in terms which strongly suggested that no further proceedings would be commenced.

Reported at: http://www.bailii.org/ew/cases/EWHC/Ch/2014/2933.html

Ali Tabari

A decision which demonstrated how the harsh Mitchell-style sanctions can still be avoided in the right circumstances, in this case the sub-standard legal representation which the appellant had at the hearing at which her case had been struck out.

Reported at: http://www.bailii.org/ew/cases/EWCA/Civ/2014/106.html

Ali Tabari

Monday, 11 January 2016 00:00

Pooni v Nazran [2015] EWHC 1899 (QB)

Acting for a defendant to a claim for breach of warranty / guarantee arising out of a property investment in Dubai.

Reported at: http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2015/1899

James Morgan

Decision of HHJ Purle QC as to interaction of Insolvency Act 1986 and Arbitration Act 1996.

Reported at: http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2015/1065

James Morgan

Power v Hodges [2015] EWHC 2931 (Ch), [2015] EWHC 2983 (Ch). Decisions of HHJ Barker QC granting liquidators summary judgment and making suspended orders for committal in substantial misfeasance proceedings.

Reported at: http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2015/2931

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2015/2983

James Morgan

Monday, 11 January 2016 00:00

Sharma v Top Brands [2015] EWCA Civ 1140

Decision of the CA upholding the trial’s judges finding that the misfeasance claim against a former liquidator was not barred by reason of illegality.

Reported at: http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2015/1140

James Morgan