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England and Wales Case Law

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Civil procedure

V Ships Limited v Luna Management Corporation & Anor

Lambros Stravelakis's deliberate, intentional, and continuing breach of the anti-suit injunction, with high culpability, lack of remorse, and serious prejudice to V Ships, justifies an immediate custodial sentence. Luna Management Corporation's contempt warrants asset confiscation. Lambros must bear costs consequences for dishonest defence involving his late father.

  • Anti-suit injunctions
  • Contempt of court
  • Arbitration enforcement
  • Costs orders
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Civil procedure [2020] EWHC 3297 (Ch)

PDVSA Servicios SA v Clyde & Co LLP & Anor

PDVSA Servicios SA v Clyde & Co LLP & Anor [2020] EWHC 3297 (Ch) (02 December 2020)

Costs ruling after an unsuccessful joinder application. The court made no order as to costs between Petrosaudi Oil Services and the National Crime Agency.

  • Costs orders
  • Joinder of parties
  • Proceeds of crime act 2002
  • Escrow arrangements
  • Arbitration enforcement
  • Injunctions
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Trusts [2020] EWHC 2819 (Ch)

PDVSA Servicios S.A. v Clyde & Co LLP & Ors

PDVSA Servicios S.A. v Clyde & Co LLP & Ors [2020] EWHC 2819 (Ch) (23 October 2020)

The High Court held the escrow arrangements did not create a trust and refused to continue an injunction restraining release of escrow funds pending a French annulment challenge.

  • Escrow arrangements
  • Trust creation
  • Interim injunctions
  • Summary judgment
  • Arbitration enforcement
  • Trust-creation
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Civil procedure

PDVSA Servicios SA v Clyde & Co LLP & Ors

The High Court refused to join the National Crime Agency to an arbitration-related dispute about escrow payments, finding no live issue remained under POCA.

  • Joinder of parties
  • Proceeds of crime act (poca)
  • Arbitration enforcement
  • Injunctions
  • Prohibition orders
  • Joinder-of-parties
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Civil procedure [2020] EWHC 2322 (Ch)

PDVSA Servicios SA v Clyde & Co LLP & Ors

PDVSA Servicios SA v Clyde & Co LLP & Ors [2020] EWHC 2322 (Ch) (26 August 2020)

The High Court refused to join the National Crime Agency to proceedings over escrow payments linked to an arbitration, holding there was no live issue requiring its participation.

  • Joinder of parties
  • Mandatory orders
  • Proceeds of crime act 2002 (poca)
  • Arbitration enforcement
  • Confidentiality in arbitration
  • Prohibition orders
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International law [2020] EWHC 1920 (Comm)

The London Steam-Ship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain

The London Steam-Ship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain [2020] EWHC 1920 (Comm) (24 July 2020)

Commercial Court decision on service, state immunity, and jurisdiction in Prestige-related claims against Spain and France.

  • State immunity act 1978
  • Service of process
  • Arbitration enforcement
  • Jurisdictional challenges
  • Eu service regulation
  • State-immunity
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Commercial law [2017] EWCA Civ 9

Petrosaudi Oil Services (Venezuela) Ltd v Novo Banco SA & Ors

Petrosaudi Oil Services (Venezuela) Ltd v Novo Banco SA & Ors [2017] EWCA Civ 9 (25 January 2017)

The Court of Appeal held that POS could validly call on a standby letter of credit despite Venezuelan payment restrictions, and that the certificate was not fraudulent.

  • Standby letter of credit
  • Fraud exception
  • Contract interpretation
  • Public procurement law
  • Arbitration enforcement
  • Standby-letter-of-credit
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Commercial law [2011] EWHC 2339 (Comm)

Linsen International Ltd & Ors v Humpuss Sea Transport Pte Ltd & Ors

Linsen International Ltd & Ors v Humpuss Sea Transport Pte Ltd & Ors [2011] EWHC 2339 (Comm) (14 September 2011)

The Commercial Court discharged freezing injunctions against foreign Humpuss group defendants, holding veil-piercing and alternative Chabra relief were not available.

  • Freezing injunctions
  • Piercing the corporate veil
  • Chabra jurisdiction
  • Service out of jurisdiction
  • Arbitration enforcement
  • Freezing-injunctions
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Commercial law [2007] EWHC 253 (Comm)

Noble Assurance Company & Anor v Gerling-Konzern General Insurance Company (UK Branch)

Noble Assurance Company & Anor v Gerling-Konzern General Insurance Company (UK Branch) [2007] EWHC 253 (Comm) (22 February 2007)

The Commercial Court continued an anti-suit injunction, holding that Gerling’s Vermont proceedings were a vexatious collateral attack on a London arbitration award.

  • Anti-suit injunctions
  • Arbitration enforcement
  • Reinsurance
  • Res judicata
  • Collateral estoppel
  • Misrepresentation
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