Maitland

We are delighted that Maitland and two of our barristers have been shortlisted for awards at the Chambers and Partners UK Bar Awards 2024 taking place on Thursday 14 November 2024. Catherine Addy KC is nominated for Company / Insolvency Silk of the Year Rebecca Page is nominated for Company / Insolvency Junior of the Year Maitland is nominated for Company / Insolvency Set of the Year The full shortlist can be found here https://lnkd.in/e8nUWeBk #ChambersUKBarAwards2024 #CompanyLaw #Insolvency #WomenInLaw

Thomas Munby KC, Emily Gailey and James Mitchell instructed by Smeetesh Kakkad and Claire van der List of Gresham Legal acted alongside Matt Bradley KC of 4 New Square in obtaining a successful outcome for the First Defendant in Kireeva v Zolotova, in which a Russian bankruptcy trustee attempted to claim ownership of a valuable property in Italy via a share in an English company.    Alongside substantive defences, the First Defendant alleged that the proceedings contravened sanctions regulations (on the basis of alleged control of the Claimant’s litigation funding by sanctioned individuals) and the rules against maintenance, champerty and that the proceedings were an abuse of process. Those allegations were the subject of numerous interlocutory applications in the run-up to trial, including the Claimant's unsuccessful attempt to strike them out ([2024] EWHC 552 (Ch). Various successful disclosure and amendment applications were also brought by the First Defendant. Ultimately, following the alleged replacement of the Claimant’s litigation funder in disputed circumstances, related issues led to the trial being adjourned and then struck out (three weeks before the adjourned trial was due to start) for breach of an unless order ([2024] EWHC 2705 (Ch)). The case illustrates both the difficulties which can arise with disputable funding arrangements (particularly where sanctions issues arise), and the High Court’s approach to policing procedural compliance.    Read the full judgment here: https://lnkd.in/ekxFYiKw #judgment #commerciallitigation

Maitland is delighted to participate in this year's LIIARC - London International Investigations and Asset Recovery Conference. On Tuesday 19 November at 2pm Duncan McCombe will be presenting a panel with Fraser Mitchell of Lewis Silkin and Prashan Patel of Grant Thornton UK LLP on ‘Options for enforcing UAE foreign judgments in the UK’. The panel will discuss how to increase your chances of successfully enforcing UAE foreign judgments in the UK Courts, including a deep dive into the unique intricacies, differences, and difficulties you may face in the process. To register, follow this link https://lnkd.in/eYiRajd9 #LIIARC #LIIARC2024 #AssetRecovery

The High Court has handed down judgment in Lane v Lane [2024] EWHC 2616 (Ch) following a 5-day trial, allowing a claim to disputed shares based on an oral agreement, alternatively proprietary estoppel. The Court further dismissed a petition brought by the Defendant alleging unfair prejudice arising from the company’s use of a Remuneration Trust tax scheme and rejected allegations that the directors had breached their duties under s.174 Companies Act 2006 in relation to the same. The Judgment and case summary are available here: https://lnkd.in/geJ7uuN5 #CompanyLaw Rebecca Page

Judgment has been handed down in Re a company [2024] EWHC 2656 (Ch), in which ICC Judge Burton granted an injunction to restrain a winding up petition on the basis that the applicant company has a genuine and serious cross-claim against the would-be petitioning creditor, in the sum of £44m. The Judge expressly rejected the creditor’s contention that the asserted cross-claim must be capable of being set out in a pleading, holding that “there is scope for this court to determine an asserted cross-claim to be genuine and serious even in circumstances where all of the information one would usually require for it to be properly pleaded, is not before this court.” The Judge reiterated that the threshold test for an injunction of this kind is “low”, and that if there is any doubt about the cross-claim, the court should proceed with caution.   Faith Julian was instructed by Edward Saunders of Wedlake Bell   The full judgment can be found here: https://lnkd.in/gguxjh-d   #insolvency #companylaw

The Court of Appeal has handed down judgment in Mohammed v Daji [2024] EWCA Civ 1247, a significant case relating to the ownership of the Abbey Mills Mosque in West Ham and the split within the Tablighi Jamaat movement of Islam. Ted Loveday acted for the Appellants, led by David Holland KC of Landmark Chambers and instructed by Herbert Smith Freehills. Andrew Westwood acted for the same parties at first instance. The judgment of Newey LJ discusses various aspects of judicial fact-finding about the intentions of donors to a charitable trust, as well as judicial findings of fact. More information is available on Maitland’s website: https://lnkd.in/eSamd2K2 #judgment #charities #courtofappeal

Maria Mulla will be speaking on ThoughtLeaders4 FIRE | TL4FIRE webinar titled ‘‘Women in FIRE x Channel Islands – Good Decisions: Trustees and the Royal Court’ on Monday, 21 October. Trustees of Jersey and Guernsey law trusts and their beneficiaries may apply to the Court for a blessing of a ‘momentous’ decision in the life of a trust. The panel will explore recent important decisions in this context, including the meaning of "momentous" and whether that meaning has evolved; the attitude of the Court to such applications including in the context of litigation, fraud or wrongdoing; the alternatives to such applications, and the circumstances in which the Court might refuse to provide its blessing (and what might happen then). For full details of the event please visit: https://lnkd.in/eG2xGA3H Register your free place here – https://lnkd.in/e5Zty2dU #offshore #trustees #trusts 

We are delighted to be ranked once again in Chambers and Partners UK Bar Guide across all our core areas of practice.   Thank you very much to our clients and colleagues across the profession for their feedback and for the instructions sent our way. Our clerking team has also rightly received excellent comments from the market. Chambers and Partners UK Bar Guide 2025 is now available to view online. You can view the rankings for Chambers and its barristers here: https://lnkd.in/dc5rx2s   #chancerycommercial #charities #company #fraudcivil #crypto #restructuringandinsolvency #commercialdisputeresolution #offshore #partnership #realestatelitigation

Maxim Cardew represented the successful applicants in Mohammed v Patel [2024] EWHC 2581 (Ch) in their application for a declaration and injunctive relief calling for fresh elections to the Executive Committee of a Charity operating a substantial mosque. The case concerned the correct construction of the constitution of the Charity (an unincorporated association), the lawfulness of a previous election that had been held, and the appropriate test for granting declaratory and injunctive relief in such circumstances. The decision also considered whether and in what circumstances the constitution of a charitable unincorporated association could be waived or varied.   Read the full judgment here: https://lnkd.in/ersFgVkw #charities #judgment

We are delighted to be ranked once again in The Legal 500 across all our core areas of practice. Thank you very much to our clients and colleagues across the profession for their feedback and for the interesting and challenging instructions sent our way. Our clerking team has also rightly received excellent comments from the market. The Legal 500 UK Bar Guide 2025 is now available to view online. You can view the rankings for Chambers and its barristers here: https://lnkd.in/ewe-arUc #legal500 #legaldirectories #CommercialLitigation #Insolvency #Offshore #BankingandFinance #PropertyLitigation #Crypto #MediaandEntertainment #CorporateTax #FraudCivil #Company #Partnership #InternationalArbitration #Charities #Mediators