England and Wales Case Law

Quest Fund Placement Limited v FSI SGR SpA

Summary judgment is refused because the contractual construction is difficult, the factual matrix is incomplete and disputed, and there is a real prospect that further evidence at trial could materially affect the outcome. The contract is poorly drafted and contains internal tensions regarding the definition and scope of 'Prospective Investors', and the exclusions in Schedules A and B. The court's preliminary view is that the Placement Fee is likely limited to investors introduced by Quest, but this is not definitively decided at this stage.

Source excerpt

• Contractual interpretation
• Commission agency
• Summary judgment
• Private equity placement fees

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Russian Operator Policy Claims, Re

The Deep Sky Claimants failed to provide sufficient evidence that security for costs would stifle their claims, particularly given evidence that parent and group companies have funded litigation costs to date. The court is entitled to expect claimants to seek funding from within their corporate structure. The amounts sought for security are proportionate and justified. Security for costs is therefore ordered in the amounts sought by the War Risk Defendants.

Source excerpt

• Security for costs
• Corporate structure and funding
• Stifling of claims
• Costs management

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Gama Aviation FZC v Bin Otaiba Investment Group

The Agreement was not validly terminated by BOIG's 24 March 2022 email as it failed to comply with contractual notice requirements. GAF was entitled to recharge all maintenance and parking costs under the Agreement, provided they were reasonable and in accordance with industry practice. GAF complied with reporting and budgeting obligations. GAF validly exercised a contractual lien over the Aircraft. BOIG's counterclaim for wrongful detention and losses failed as GAF acted within its contractual rights and BOIG's non-engagement caused the delay.

Source excerpt

• Contractual interpretation
• Lien
• Maintenance agreements
• Termination
• Interest on late payments
• Parking charges

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Treo Noal GP Sarl & Ors v Stefan Emanuel Kowski & Ors

The court ordered that the first trial shall deal with all issues except validity of claimants' standing, which will be addressed only if necessary after the main trial. No order was made for cyber security expert evidence or narrative documents at this stage. Disclosure and expert issues were clarified, with permission for separate experts and precise formulation of disclosure issues.

Source excerpt

• Unlawful means conspiracy
• Fraudulent misrepresentation
• Bribery
• Fiduciary duty
• Disclosure
• Expert evidence

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Tecnimont SpA & Anor v LLC Eurochem North-West-2 (Russia)

The court has power under section 42 to enforce peremptory orders of the arbitral tribunal and grants the order sought in paragraph 1 of the draft order, but declines to exercise discretion under section 37 as it is not just and convenient to grant broader relief beyond the scope of the tribunal's peremptory orders.

Source excerpt

• Anti-enforcement injunctions
• Arbitral tribunal orders
• Injunctive relief
• Sanctions
• International enforcement

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RS Lender IV, S.à r.l. v Fernando Oscar Gil Marin

The Commercial Court partly struck out a defence and counterclaim for inadequate pleading, but left valuation and appropriation issues for trial.

• Strike out
• Summary judgment
• Pleading material facts
• Prevention principle
• Merger
• Appropriation of financial collateral

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FW Aviation (Holdings) 1 Limited v Vietjet Aviation Joint Stock Company

The Commercial Court held this was a strong case for post-judgment receivership to aid enforcement of an unpaid judgment debt, subject to further evidence on costs.

• Appointment of receivers
• Equitable execution
• Foreign assets
• Reciprocal enforcement / recognition abroad
• Babanaft and baltic provisos
• Proportionality of enforcement costs

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Conex Oil & Gas Holdings Ltd v PSTV Energy FZCO

The Commercial Court refused a stay of proceedings brought on a non-exclusive English jurisdiction clause, despite parallel Liberian proceedings and a related arbitration.

• Stay of proceedings
• Forum non conveniens
• Non-exclusive jurisdiction clause
• Parallel foreign proceedings
• Recognition and enforcement of foreign judgments
• Arbitration-related dispute

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Tour des Finances NV GVBF v CBRE Loan Services Limited

The Commercial Court held that JLL’s valuation was a contractual valuation under the facilities agreement, despite criticism of the process, so the Cash Trap Event stood.

• Contract interpretation
• Secured lending valuation
• Cash trap event
• Valuer independence
• Bias allegations
• Release of rental income

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Batavia Eximp & Contracting (S) Pte Ltd v Pedregal Maritime SA

Courts held that security-only sister-ship arrest is not “suit” under Article III rule 6, and that on-deck cargo must be specifically identified for Article I(c).

• Hague-visby rules
• Article iii rule 6 time bar
• Article i(c) deck cargo exclusion
• Meaning of 'suit'
• Interpretation of bills of lading
• Hague-visby-rules

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