One Essex Court

Commercial Court dismisses Brexit jurisdiction arguments in latest Italian swaps case On 25 October 2024, Bryan J handed down judgment dismissing a jurisdiction challenge by Patrimonio del Trentino (PdT) in relation to Financial List proceedings brought by Dexia. The judgment will be of interest to practitioners in relation to the construction of jurisdiction clauses, the scope of the CPR 6.33(2B) gateway for service out without the Court’s permission and forum non conveniens arguments relying on the unforeseeable effects of Brexit. The judgment also provides guidance on the use of expert evidence in jurisdiction challenges and other interim applications. Andrew Lodder acted for Dexia, instructed by Cleary Gottlieb Steen & Hamilton LLP. To read more and view the judgment, please see: https://lnkd.in/e2kc24ah

One Essex Court is pleased to once again sponsor the Legal 500 and Legal Business Magazine Financial Regulatory and Disputes Summit, which will take place on Thursday 14 November in London. We are delighted that two members of Chambers will be speaking at the Summit. Laurence Emmett KC and Eleanor Campbell will participate in the first panel session of the day on “Regulatory issues in commercial disputes – the key issues for financial services firms”. For more information about the Summit, including the latest programme and details of how to register, please visit the event website https://lnkd.in/dZ5K4P-t #Legal500 #Legal500events #LegalBusiness #FinancialRegulatoryandDisputes

Alexander Brown has published a case analysis of Kompaktwerk v LivePerson [2024] EWHC 2278 (Comm) on LexisNexis. The Kompaktwerk case concerned the novel question of whether a subscription to Software-as-a-Service (SaaS) could be considered a “sale of goods” as a matter of English law. Alexander Brown appeared for the successful defendant in Kompaktwerk. The case analysis can be found at: https://lnkd.in/ez9XgMPc https://lnkd.in/e74GeFGQ

Michael Sullivan KC recently led a successful workshop for young attorneys on Advocacy in Arbitration at the African Arbitration Association's 5th Conference, hosted in Douala, Cameroon. The workshop covered drafting pleadings, disclosure applications and written oral submissions. Michael participated as a member of the Capacity Building Committee of the AfAA, the role of which is to build capacity for young African attorneys to participate in or conduct arbitrations. To view Michael's profile and read more, please click here: https://lnkd.in/e-VqbtgH

Chambers UK Bar 2025 - One Essex Court continues to be identified as a Top Ranked set in 4 practice areas One Essex Court is pleased to continue to be highly ranked in the latest edition of Chambers and Partners UK Bar, which has just launched its 2025 guide. We are recognised as a Top Ranked set in each of Commercial Dispute Resolution, Banking & Finance, Energy & Natural Resources, and Fraud: Civil. We are also recommended as a leading set in Competition Law, Group Litigation, Intellectual Property, International Arbitration: General Commercial & Insurance, and Tax. Chambers is highlighted as “the premier set with talent who inspire complete confidence in all they do”, and as having “an unrivalled depth of commercially experienced counsel”. Individually, 98 members of Chambers were ranked across 23 practice areas, totalling just over 200 individual barrister rankings – 28 of which are new rankings for members of One Essex Court this year. Full details of our set and barrister rankings in Chambers UK Bar 2025 can be accessed at https://lnkd.in/eV_Jmp4J https://lnkd.in/eEsrC2QA

One Essex Court is delighted to introduce two new workshops aimed at encouraging and supporting those from ethnic minority backgrounds in pursuing a career at the Commercial Bar. - Introduction to the Commercial Bar, Thursday 5 December 2024 - Applying for pupillage at the Commercial Bar, Tuesday 25 February 2025 Launched in celebration of #BlackHistoryMonth this October, these workshops reflect our strong, on-going commitment to equality and diversity. Participants will have the opportunity to take part in interactive group sessions and gain insights from our practising barristers. Sign up here https://lnkd.in/eD9TmRPf #Pupillage #RacialDiversity #CommercialBar #Students #PupilBarristers #BarStudent #OneEssexCourt

The High Court endorses an alternative reference rate in Libor test case The High Court has issued an important judgment in a case brought under the Financial Markets Test Case Scheme by Standard Chartered plc to determine the effect of the cessation of the publication of the London Interbank Offered Rate (‘Libor’) on a series of perpetual preference shares which provide for dividends to be calculated with reference to that rate. Kenneth MacLean KC (leading Andrew Thornton KC of Erskine Chambers and Anthony Pavlovich of 3 VB) acted for Standard Chartered. The dissenting minority was represented by Lord Wolfson KC and Saul Lemer. To read more and view the judgment, please see: https://lnkd.in/eH3Tzgtt

Alex Gunning KC will be speaking at a King’s College London conference titled “The Anglo-French Approaches to Arbitration”, taking place on 17 October from 5pm. The conference will consider how the English and French courts’ approaches differ when dealing with corruption in arbitration and anti-suit injunctions. Alex is participating in the “Anti-suit Injunctions for Foreign Seated Arbitration” panel chaired by Marie Berard and also featuring Professor Jonathan Harris KC, Raphaël Kaminsky and Professor Dr Maxi Scherer. The panel will be discussing the recent UK Supreme Court case of UniCredit v RusChemAlliance in which Alex and Jonathan appeared on opposite sides and Raphaël gave expert evidence as to French law. Further details about the conference, including how to register, can be found at https://lnkd.in/eQt_ywFV.

Panayi v HMRC – Upper Tribunal rules on conforming interpretation and exit taxes The Upper Tribunal has handed down its Decision in Panayi v HMRC [2024] UKUT 319 (TCC). The taxpayers had challenged the compatibility of the UK’s trust exit tax regime with EU law.  The issue was whether the UK provisions could be given a conforming interpretation (as HMRC contended) or whether the tax charge had to be disapplied.  The UT held, accepting HMRC’s submissions, that a conforming interpretation of the provisions was possible, bringing them into line with the requirements of EU law. As a result, HMRC’s assessments were upheld and the taxpayers’ appeal was dismissed. Jonathan Bremner KC appeared for HMRC. To read more and view the Decision, please see: https://lnkd.in/gw323P7f

Michael Sullivan KC will be leading a workshop for young attorneys on Advocacy in Arbitration at the African Arbitration Association’s 5th Conference (9-11 October in Douala, Cameroon).   The workshop will cover drafting pleadings, disclosure applications and written oral submissions. Michael is participating as a member of the Capacity Building Committee of the AfAA, the role of which is to build capacity for young African attorneys to participate in or conduct arbitrations. Further details about the Conference, including how to register, can be found at https://lnkd.in/diNTN_JS.