We act for individuals, companies and Trustees

Members of this firm have been involved in the following cases:-

Nugent and BDO v Willers [16 Jan 2019]

Judicial Committee of the Privy Council [2019] UKPC 1

This was an appeal from the Isle of Man Courts. We were instructed by the Respondent and successfully defended the appeal.

The issues on appeal were:

i) When considering the effect of the unavailability of evidence on the balance of prejudice between the parties for the purpose of section 30A of the Limitation 1984 Act (Isle of Man), is the court confined to considering only the effect of the passage of time from the date on which the claimant had knowledge that the facts in question might be capable of giving rise to a cause of action, or must the court also take into account the passage of time from the expiry of the limitation period?

ii) When considering for the purposes of section 30A(2)(b)(ii) of the 1984 Act whether the claimant acted promptly and reasonably after discovering the cause of action, is it permissible for the court to infer that the claimant acted reasonably when he has chosen not to give evidence to that effect?

The key points of law to be taken from this case are that:

(1) A Court is plainly entitled to treat some periods of delay as more relevant than others (para 33);

(2) In defamation cases where the Claimant becomes aware of the publication after the expiry of the limitation period, it is reasonable to take the view that the delay of greatest relevance is that which occurs after the Claimant becomes aware of the material facts (para 35); and

(3) The approval of the principles in Steedman v BBC [2001] EWCA Civ 1534 and Brady v Norman [2011] EWCA Civ 107 (as set out above) at paragraph 17 of the Judgment. The judgment can be accessed here https://www.jcpc.uk/cases/docs/jcpc-2016-0079-judgment.pdf

Dismissing the appeal the Board held that the Deemster made no error of principle and his judgment contained no material misdirection. A different tribunal might well have come to a different conclusion but it could not be said in exercising his discretion in the way that he did, the Deemster exceeded the generous ambit within which reasonable disagreement was possible.

Willers v Joyce as Executors of the estate of the late Albert Gubay [2016]

Mr Willers’s appeal (following the Langstone action below) to the Supreme Court on the questions of: (i) whether there is a tort of malicious prosecution of civil proceedings in English Law; (ii) the status of Privy Council decisions in English Law (in particular whether a first instance Judge is entitled to follow a decision of the Privy Council in preference to a decision of the Court of Appeal or a first instance Judge, sitting in the Courts of England and Wales).

Judgment has handed down on 20 July 2016. In a landmark decision the Supreme Court held that (i) allowed Mr Willers’ appeal and decided that malicious prosecution of civil proceedings is actionable in English Law. (ii) In a second judgment, the Supreme Court decided unanimously that, though the ordinary rule was that decisions of the Judicial Committee of the Privy Council (JCPC) are not binding, the JCPC could in an appropriate case direct that a decision it made as to English law was to be binding on the English Courts and could overrule a previous decision to the contrary by the Supreme Court, House of Lords or Court of Appeal.

The full judgments and video link to the hearings can be viewed here: https://www.supremecourt.uk/cases/uksc-2015-0154.html

Langstone Leisure Ltd (LLL) –v– Willers; Willers v Gubay

Acting for the Defendant in a long-running case described in the Lawyer magazine "as one of the biggest professional negligence battles of the year" which was discontinued by the Claimant shortly before trial in April 2013.

Crema v Savit & Symkowicz

Acting for the alleged debtor on his successful defence of a Petition on jurisdictional grounds brought by his former US attorneys.

Thomas Crema v– Cenkos Securities Limited 2010

This was a matter which reached the Court of Appeal following the trial at first instance. Mr Crema eventually succeeded in overturning the Judgment at first instance in the Commercial Court with the Court of Appeal granting Judgement instead to Mr Crema for the commission due to him by Cenkos Securities in relation to a fund raising venture in the alternative energy industry.

Ramasan Navaratnarajah and Sophie Baldwin –v– Berryland Books Limited 2010

This is a decision of the Court of Appeal where the clients having previously been represented by another firm had lost at trial. We took the matter to the Court of Appeal overturning the Judgment and obtaining a dismissal of the Claims against both clients. The matter related to a breach of director's duties and the extent to which an employee of a company could be held liable for the misfeasance of its directors.

Thomas Koshy –v–DEG & Gwembe Valley Development Company 2003 to 2010

This was a complex, long running and multi-actioned matter which reached the Court of Appeal on two occasions. It involved a civil fraud and an issue on breach of director's duties. We appeared successfully for the Defendant at first instance and on appeal, arising out of financing of a foreign aid project using a debt purchase scheme.

Michel Kamidian –v– Geza Von Habsburg & Others 2008

Successfully defending a claim against the client for breach of bailment relating to a renowned Faberge egg, following trial in the Commercial Court.

Padam Limbu –v– The Ministry of Defence 2008

Acting for the Claimant in a claim for personal injury sustained during a military exercise due to the Defendants negligence. The Claimant was a serving Rifleman at the time. Liability was admitted with the main issue in dispute being the Claimant's claim for loss of earnings. The matter went to a hearing where the Claimant's claim succeeded and substantial damages awarded.

Reass SARL –v– Markel Insurance 2007

Representing reinsurance agents in a claim for loss of commission resulting from reinsurer's repudiation of a reinsurance treaty.

R & V Versicherungs AG –v– Risk Insurance and Reinsurance & Others 2007

Representing reinsurer's broking group in appeals in the Court of Appeal in a claim to set aside a large number of binding authorities for collusion between the brokers and the reinsurer's staff.

Reass SARL –v– Markel International Insurance Co. Limited LTL ( 18/12/2007)

A resulting case of the above cases, where it was held by the Commercial Court that unless the parties to an action had intended that a settlement should not become binding until a confidentiality clause had been agreed, an agreed settlement would not be rendered unworkable or void for uncertainty by a subsequent failure to agree the exact terms of the clause.

RE: JJ and others June 2006

Succesfully Challenging the imposition of Control Orders under the Terrorism Act in the Court of Appeal.

DK Rai –v– The Ministry of Defence 2004

Acting for the Claimant in a claim for personal injury sustained during the Claimant's service as a Rifleman due to the Defendants negligence. Liability was not admitted and a hearing on liability only took place. The Claimant was successful albeit with a finding of contributory negligence. The matter then centred on the issue of quantum which was then settled between the parties.

Ivor Norman Pitt –v– John Murrell 2003-2004

Representing the Claimant in proceedings in the High Court resulting in a settlement of the Claimants claim before trial by payment of unpaid commission on the prospective sale of the then, largest colourless, flawless diamond in the world.

Kuwait Airways Corporation –v– Iraqi Airways Company (2002) 2 WLR 1353 (HL)

Kuwait Airways Corporation –v– Iraqi Airways Corporation (2002) AC 883

Kuwait Airways Corporation –v– Iraqi Airways Company (2001) 1 WLR 429

Kuwait Airways Corporation –v– Iraqi Airways Company (2000) TLR 31.5.2000

Kuwait Airways Corporation –v– Iraqi Airways Company (1998) 1999 CLC 31

Kuwait Airways Corporation –v– Iraqi Airways Company (1995) I WLR 1147

Representing the Iraqi Government in a series of Commercial Court actions including an appeal to the House of Lords arising out of the Iraqi invasion of Kuwait in 1990 and involving claims for $1.3 billion after the seizure and removal of the Kuwaiti civilian airliner fleet and aircraft spares by Iraq. The action involved complex and fundamental issues of public and private international law, issues of state immunity, tort of conversion and principles of damages and heads of claim. The KAC –v– IAC judgments, of which the above are a few, have been cited in over 125 English judgments.