Alexander
Goold

NWA & Another v NVF & Others [2021] EWHC 2666 (Comm)

An arbitration claim challenging an arbitral tribunal’s interim award that an obligation to refer a dispute to mediation under the LCIA’s Mediation Procedure prior to any request for arbitration, was not something affecting its substantive jurisdiction to determine the parties’ dispute, if not complied with. The requirement was procedural only, going to the admissibility of the claim and not the tribunal’s jurisdiction. It did not come within the ambit of ‘substantive jurisdiction’ and the court’s supervisory power was not engaged. The case is legally significant because it is one of only two decisions in English law where the court has had to consider that distinction and establishes with some certainty and force that compliance with pre-arbitral conditions is something that will, generally, not deprive an arbitral tribunal of the power to hear the claim, but will give it a discretion about what to do to address the non-compliance.

NIHL Limited & London Property Asia Limited v Infinite Limited (In Liquidation) & Others [2020] EWHC 3136 (Comm)

A claim by two BVI companies to enforce the terms of a Tomlin Order agreed at trial two years earlier, in order to compromise proceedings brought by them in the Commercial Court to recover from the guarantors, loans made to their companies. The case is only one of a limited number to consider the meaning of ‘reasonable endeavours’ and ‘best endeavours’ as matters of law; it also considered, in construing the terms of the Tomlin Order and whether the companies had been obliged to use ‘reasonable endeavours’, whether the court was able to admit evidence of the parties’ on-going without prejudice negotiations.

Old Street Homes Ltd v Chelsea Bridge Apartments Ltd [2018] EWHC 1162 (Ch)

Appeal concerning the court’s ability to direct a costs judge to determine, on detailed assessment, which party should pay the costs of successive hearings.

Chelsea Bridge Apartments Ltd v Old Street Homes Ltd [2017] 9WLUK 12

Relief from sanctions where Particulars of Claim 3 months late and no application for 2 months. Security for costs.

Al-Baho v BGP Global Services Ltd [2017] EWHC 2494 (Ch)

The criteria for varying an order for security for costs. Flexibility of the threshold where liberty to apply had been granted.

Maass v Musion Events Ltd., O’Connell & Rock [2015] EWHC 1346 (Comm)

Challenge to an arbitrator’s award on jurisdiction in an LCIA arbitration on grounds of serious irregularity causing substantial injustice.

Ramsay v Love [2015] EWHC 65 (Ch).

Trial in which the celebrity chef, Gordon Ramsay, claimed he was not bound by a personal guarantee given by him for the rent for his hotel and restaurant, The York & Albany, in Regent’s Park. Issues included the fact that his signature had been made by a ‘Ghostwriter’ machine, allegedly without his knowledge and authority, estoppel by representation, including estoppel by negligence, and whether a person could be a successor in title to an estoppel. Led by Romie Tager QC.

Dream Doors Ltd v Lodgeford Homes Ltd. & Lodge [2012] EWCA Civ 1556

Appeal against the court’s decision of its own motion to strike out a claim on an application for an interim injunction; whether it is appropriate to equate the test of no serious question to be tried on an interim injunction and no reasonable grounds for bringing the claim under CPR Part 3.4(2)(a); and the evidence to be taken into account on a claim for rectification, whether for common or unilateral mistake. Led by Nigel Jones QC.

Holloway v Chancery Mead [2007] EWHC 2495 (TCC)

Posner v Shah [2005] EWHC 1063 (Ch)

Compere Associates Ltd v Halsey & others [2004] EWHC 1317 (Ch) Kidd v Axa Equity & Law Life Assurance Society plc [2000] IRLR 301

Central London Commercial Estates Ltd. v Kato Kagaku Ltd. [1998] 4 All ER 948