England and Wales Case Law

Trayport Limited v E-Star Trading GmbH & Ors

Permission to serve out is set aside for most claims due to failure to meet the merits test, inadequate pleading, lack of evidence of acts within the UK, and material non-disclosure. However, permission is re-granted for (1) the NDA claim against Exxeta, (2) breach of equitable duties of confidence by the corporate Defendants, and (3) the Trade Marks Act claim against E-Star, as these claims meet the merits test and England is the appropriate forum for them. The Copying Case, most statutory IP claims, and claims against Mr Schmid fail the merits test. Material non-disclosure occurred but is r…

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• Copyright infringement
• Database rights
• Breach of confidence
• Trade secrets
• Breach of contract
• Jurisdiction and service out

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Almeqham v Al-Sanea & Ors

Almeqham v Al-Sanea & Ors [2025] EWHC 322 (Ch) (14 February 2025)

The court struck out the trust claim for lack of standing without article 21 CBIR relief, but allowed the section 423 claim, continued the APO, and upheld service at the 2022 Act address.

• Recognition of foreign insolvency proceedings
• Resulting/constructive trust
• Section 423 insolvency act 1986
• Cross-border insolvency regulations 2006
• Jurisdiction and service out
• Asset preservation orders

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Lakatamia Shipping Company Ltd v Chang Tai-Chou & Ors

The claims against Mr Chang and Maître Zabaldano fail because the Claimant did not prove they had the requisite knowledge of the unlawfulness or intention to injure for unlawful means conspiracy, and because the Babanaft proviso precludes tortious liability for persons outside the jurisdiction merely assisting breach of a freezing order. The Marex tort claim against Maître Zabaldano fails because he honestly believed he was entitled and obliged to act as he did, negating the necessary intention, and in any event would be justified by his professional duty to his client in the absence of the E…

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• Unlawful means conspiracy
• Freezing orders
• Enforcement of judgments
• Marex tort (inducing breach of judgment)
• Jurisdiction and service out
• Babanaft proviso

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Durnont Enterprises Limited v Fazita Investment Limited & Ors

Permission to continue derivative claims is granted in part: the Claimant established a prima facie case under Polish, Cypriot, and English law for claims against the First to Fifth Defendants but not against the Sixth to Eighth Defendants. The English court is the proper forum, and service out of the jurisdiction is permitted for claims where a serious issue to be tried is shown and the jurisdictional gateways are satisfied. The claims are not time-barred on the evidence presented. Permission to amend the Particulars of Claim and to rely on expert evidence is granted. Applications to remove…

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• Derivative actions
• Jurisdiction and service out
• Directors' duties
• Breach of contract
• Fraud
• Limitation of actions

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Alcatel Lucent SAS v Amazon Digital UK Limited & Ors

There is no sustainable claim that Alcatel is contractually obliged to grant Amazon a RAND licence, so those parts of Amazon's defence and counterclaim are struck out. However, there is a serious issue to be tried as to whether Nokia's RAND commitment requires it to offer Amazon an option to use the Alcatel NEPs, and thus whether Amazon has a defence to injunctive relief. The Part 20 RAND and Technical Cases against Nokia are not struck out. The claim for an interim licence is unsustainable and is refused. The court has jurisdiction over Nokia for the Part 20 claims. Expedition is justified b…

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• Standard essential patents (seps)
• Non-essential patents (neps)
• Rand/frand licensing obligations
• Jurisdiction and service out
• Injunctions
• Expedition of trial

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Uconinvest LLC v Jysan Holding LLC & Ors

The High Court held that Uconinvest was not bound by the shareholders’ arbitration agreement, set aside the original freezing order for non-disclosure, and granted a narrower injunction.

• Unfair prejudice petition
• Freezing injunctions
• Arbitration agreements
• Full and frank disclosure
• Jurisdiction and service out
• Unfair-prejudice-petition

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Koza Ltd & Anor. v Koza Altin Işletmeleri AS

The Court of Appeal refused permission to serve out in a dispute over Koza Altin’s directors, holding there was no serious issue that the authority process should not be recognised in England.

• Recognition of foreign judgments
• Authority of company directors
• Jurisdiction and service out
• Foreign act of state doctrine
• Public policy exception
• Recognition-of-foreign-judgments

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Claimants Listed in Schedule 1 v Spence & Ors

The Commercial Court granted a worldwide freezing order and ancillary disclosure against alleged fraud defendants, and allowed enforcement in Florida.

• Freezing injunctions
• Deceit
• Unlawful means conspiracy
• Asset dissipation
• Jurisdiction and service out
• Misrepresentation

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Apple Retail UK Ltd & Ors v Qualcomm (UK) Ltd & Anor

The court granted summary judgment for Qualcomm UK on the ETSI/FRAND claim, held some patent claims against Qualcomm Inc were properly served, and deferred the Gateway 9 issue pending evidence.

• Standard essential patents (seps)
• Frand licensing
• Jurisdiction and service out
• Patent exhaustion
• Abuse of dominant position
• Summary judgment

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Iiyama (UK) Limited & Ors. v Samsung Electronics Co. Ltd. & Ors.

Court of Appeal held that worldwide cartel claims were at least arguable under Article 101 and Article 53, so the claims could proceed to trial.

• Territorial scope of article 101 tfeu
• Qualified effects doctrine
• Implementation test
• Jurisdiction and service out
• Choice of law
• Joint and several liability

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