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JHA | Blog
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The implications of the Court of Appeal’s decision in Classic Maritime Inc v Limbungan Makmur SDN BHD
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The Court of Appeal recently gave its decision in Classic Maritime Inc v Limbungan Makmur SDN BHD EWCA Civ 1002.  The case concerned the interpretation of an exceptions or force majeure clause and provides guidance on how correctly to apply the compensatory principle of damages.   BACKGROUND The ship-owner, Classic Maritime, was engaged in
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The SFO Handbook on Corporate Cooperation Guidance
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Last week, the Serious Fraud Office (SFO) published a handbook on what it expects from organisations seeking cooperation credit in an investigation.  This is the first time the SFO has formally set out written guidance to clarify how they will assess cooperation and, as such, is a key reference source for any company navigating its
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The Singapore Convention on Mediation: signed by 46 countries in Singapore
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On Wednesday, 46 countries signed the Singapore Convention on Mediation at a ceremony attended by over 1,500 delegates at the Shangri-La Hotel in Singapore. As reported earlier this month, the Convention, which is officially titled The United Nations Convention on International Settlement Agreements Resulting from Mediation, aims to address the lack of harmonised framework for
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The Singapore Convention on Mediation: open for signature from 7 August 2019
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Following several years’ effort by a working group of the United Nations Commission on International Trade Law (UNCITRAL), including with input from as many as 85 countries and 35 Non-Governmental Organisations, a draft legal framework for international commercial mediation has been concluded. The framework consists of a Convention on the Enforcement of Mediation Settlements (together
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Where appropriate, the formal rules of service can be dispensed with for the enforcement of arbitration awards against a foreign
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General Dynamics United Kingdom Limited v. The State of Libya EWCA Civ 1110 In a recent decision, the Court of Appeal has held that the Courts may order that the formal rules of service can, where appropriate, be dispensed with when a party is seeking to enforce an arbitration award against a State.  The
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Vedanta Resources Plc & Anor v Lungowe & Ors [2019] UKSC 20: Supreme Court decides Vendanta case on parent company
On 10 April 2019 the Supreme Court issued its judgment in Lungowe and Ors v Vendanta, ruling that claims brought by a group of Zambian citizens against a Zambian mining company and its UK-domiciled parent can proceed to trial in England. The case raises important issues regarding jurisdiction and the potential liability of parent companies
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Legal Professional Privilege and the Modern-day Corporation: Where are Things At?
Legal professional privilege is a cornerstone principle of the English legal system. Last year, the Court of Appeal issued a landmark decision on the doctrine of legal professional privilege. The case, The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Limited EWCA Civ 2006 (“ENRC”), partially overturned the decision of the
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The CFC group finance exemption: EC’s final decision
The group financing exemption in TIOPA 2010 Part 9A Chapter 9 involves unlawful state aid, according to the European Commission’s final decision. The non-trading finance profits (NTFP) exemptions give an advantage to controlled foreign companies (CFCs) earning NTFP from qualifying loan relationships, as these exemptions are not available for upstream or third-party loans. In a
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JHA’s Simon Whitehead edits The Tax Disputes and Litigation Review 2019 and writes the UK chapter
JHA consultant Simon Whitehead has edited the seventh edition of The Tax Disputes and Litigation Review and has also contributed the UK chapter to this guide. This book is published by The Law Reviews and is available online and in print. The objective of this book is to provide tax professionals involved in disputes with
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Podstreshnyy v Pericles Properties: the serious consequences of disobeying disclosure orders
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The recent judgment in Podstreshnyy v Pericles Properties Ltd sends a clear message as to how seriously the UK courts take the deliberate breach of disclosure orders made in the context of freezing orders. In Podstreshnyy, the claimant claimed against the defendants for rent received and said to be held on trust for the
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