Surgical Mesh claims stayed following recognition of Chapter 11 Proceedings (Re Astora Women’s Health LLC) – Gatehouse Chambers

Posted October 20th, 2022 in financial regulation, foreign companies, insolvency, international law, news by sally

‘The Insolvency and Companies Court has recognised Chapter 11 Proceedings in the US in respect of the manufacturer of controversial surgical mesh products which have generated a significant number of claims worldwide. The British Claimants have had their claims stayed as a result of this recognition.’

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Gatehouse Chambers, 11th October 2022


UK and US sign landmark Data Access Agreement – Home Office

‘Home Secretary Priti Patel last night (Thursday 3 October) signed an historic agreement that will enable British law enforcement agencies to directly demand electronic data relating to terrorists, child sexual abusers and other serious criminals from US tech firms.’

FUll press release

Home Office, 4th October 2019


Court cannot deviate from six month limit for cross-border merger certificates –

Posted September 5th, 2019 in EC law, foreign companies, foreign jurisdictions, jurisdiction, mergers, news, time limits by tracey

‘The High Court in England has ruled that the EU’s cross-border merger regulations meant that a pre-merger certificate from an EU member state court cannot be more than six months old when hearing an application for sanction of the merger, even where obtaining a second pre-merger certificate would be difficult.’

Full Story, 4th September 2019


Principles for lawyers dealing with offshore structures published – Legal Futures

‘International standards for lawyers advising on offshore commercial structures have been put forward at the same time as parliamentarians called for stronger laws on foreign ownership of UK property.’

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Legal Futures, 20th May 2019


Judicial review appeal fails in UK diverted profits tax case –

‘Oil and gas distributing company Glencore Energy’s application for judicial review of the issue of a diverted profits tax (DPT) charging notice by HM Revenue and Customs (HMRC) has been rejected for a second time.’

Full Story, 3rd November 2017


Nokia and Apple patent dispute comes before High Court in London –

‘Finnish mobile device manufacturer Nokia was due to argue that Apple has infringed one of its technology patents before the High Court in London on Friday.’

Full story, 7th April 2017


Tax barrister plans to take Uber to court over alleged £20m black hole – The Guardian

‘A leading tax lawyer is planning to challenge Uber in the courts over what he alleges could be a £20m-a-year black hole in its tax payments in the UK.’

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The Guardian, 21st February 2017


Glaxo Wellcome UK Ltd (trading as Allen & Hanburys) and another v Sandoz Ltd – WLR Daily

Posted November 8th, 2016 in foreign companies, intellectual property, medicines, news by sally

Glaxo Wellcome UK Ltd (trading as Allen & Hanburys) and another v Sandoz Ltd [2016] EWHC 2743 (Ch)

The claimants brought an action against the defendant, alleging that by reason of the get up of the defendant’s pharmaceutical it had carried out acts of passing off. Subsequently, the claimants contended that there was evidence to indicate that three foreign companies in the same group as the defendant had taken an active role in the creation of the design of the product and its packaging. The claimants sought to join those companies as primary and/or joint tortfeasors along with the defendant for passing off. It was common ground that before the court would exercise its discretion to join the companies it had to be satisfied that the proposed pleaded allegations against them disclosed a sufficiently arguable.

WLR Daily, 2nd November 2016


Enforceability of fixed charges made by overseas companies – Tanfield Chambers

Posted April 26th, 2016 in company law, enforcement, foreign companies, mortgages, news by sally

‘It is not unknown for overseas companies to use their own procedure for creating a charge, either in accordance with their national law or otherwise. This article considers whether such a charge is enforceable over property in England and Wales.’

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Tanfield Chambers, 20th April 2016


Nilon Limited v Royal Westminster Investments – Privy Council – claims involving BVI companies – 11 Stone Buildings

Posted March 17th, 2015 in appeals, choice of forum, foreign companies, jurisdiction, news, Privy Council by sally

‘The Privy Council decision in Nilon Limited v Royal Westminster Investments₁ has put the brakes on the expanding jurisdiction of the BVI Courts over claims involving BVI companies, and reiterated the need for a common sense approach to forum conveniens. Peter Head considers the decision.’

Full story (PDF)

11 Stone Buildings, February 2014


David Hart QC: TTIP – more ‘foreign’ judges critising ‘our’ laws? – UK Human Rights Blog

Posted January 27th, 2015 in foreign companies, human rights, news, treaties, tribunals by sally

‘TTIP stands for the Transatlantic Trade and Investment Partnership, a proposed trade agreement between the US, the EU, and various members of the EU including the UK. A sober account of its history and scope was produced for the HoC debate (here), and a rather less polite view is here from George Monbiot. ‘

Full story

UK Human Rights Blog, 23rd January 2015


HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz (Appellant) v Apex Global Management Ltd and Faisal Abdel Hafiz Almhairat (Respondents) – Supreme Court

HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz (Appellant) v Apex Global Management Ltd and Faisal Abdel Hafiz Almhairat (Respondents) [2014] UKSC 64 (YouTube)

Supreme Court, 26th November 2014


Teekay Tankers Ltd v STX Offshore & Shipping Co – WLR Daily

Posted November 26th, 2014 in damages, documents, foreign companies, foreign jurisdictions, law reports by sally

Teekay Tankers Ltd v STX Offshore & Shipping Co [2014] EWHC 3612 (Comm); [2014] WLR (D) 492

‘Service of a claim on an overseas company’s registered United Kingdom’s establishment was valid service, even if the claim did not concern the United Kingdom establishment itself, for the purposes of regulation 7 of the Overseas Companies Regulations 2009 and section 1139(2) of the Companies Act 2006.’

WLR Daily, 6th November 2014


Young v Anglo American South Africa Ltd and others – WLR Daily

Young v Anglo American South Africa Ltd and others (No 2) [2014] EWCA Civ 1130; [2014] WLR (D) 370

‘Where a company had its statutory seat and principal place of business outside England, to determine whether a claim against it could be brought in England for the purposes of article 60(1)(b) of Council Regulation (EC) No 44/2001, the claimant had to show a good arguable case that England was the jurisdiction where the company had its “central administration”, which was the place where, through its relevant organs according to its own constitutional provisions, it took the decisions essential for that its operations.’

WLR Daily, 31st July 2014


Akzo Nobel NV v Competition Commission and others (Metlac Holding Srl intervening) – WLR Daily

Posted April 17th, 2014 in competition, enforcement, foreign companies, jurisdiction, law reports, mergers by tracey

Akzo Nobel NV v Competition Commission and others (Metlac Holding Srl intervening): [2014] EWCA Civ 482;   [2014] WLR (D)  171

‘For the purposes of determining whether the Competition Commission had power under section 86(1) of the Enterprise Act 2002 to make an enforcement order against a person in order to prevent the anti-competitive outcome of a transaction, a person who exercised the strategic and operational management and control of a manufacturing and sales business, a substantial part of which was carried on within the UK, was to be regarded as “carrying on” that business in the UK, even where he or she never established a presence in the UK and his or her management and control took place entirely outside the UK.’

WLR Daily, 14th April 2014


Google will not answer to British court over UK privacy claim – The Guardian

‘Google has been called “arrogant and immoral” for arguing that a privacy claim brought by internet users in the UK should not be heard by the British legal system.’

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The Guardian, 15th December 2013


Anti-suit injunctions, arbitrations and cross-border insolvency – 11 Stone Buildings

“Ironically, the recent developments in international law which have encouraged the recognition of foreign insolvency proceedings and assistance in relation to them have in many cases led to disharmony between our domestic law and the law of the foreign proceedings. The applicable principles on when it is appropriate to grant anti-suit injunctions to protect the right of a party not to be sued in a foreign state have not been worked out fully in relation to insolvency. This is nowhere more apparent than where a foreign debtor enters a foreign insolvency process and prior to the insolvency was party to an agreement containing an English arbitration clause.”

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11 Stone Buildings, November 2013


Van Buggenhout and another v Banque Internationale à Luxembourg SA – WLR Daily

Posted September 23rd, 2013 in debts, EC law, foreign companies, foreign jurisdictions, insolvency, law reports by sally

Van Buggenhout and another v Banque Internationale à Luxembourg SA (Case C-251/12); [2013] WLR (D) 353

“A payment made at the behest of debtor subject to insolvency proceedings to one of the latter’s creditors did not fall within the scope of article 24(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings. That provision enabled a person who honoured an obligation ‘for the benefit of’ a debtor, who was subject to insolvency proceedings opened in another member state , when it should have been honoured for the benefit of the liquidator, to be deemed to have discharged it if he was unaware of the opening of proceedings.”

WLR Daily, 19th September 2013


Most porn-on-demand services are beyond UK regulation, warns watchdog – The Independent

Posted July 19th, 2013 in foreign companies, internet, media, news, pornography, reports by sally

“Most porn on demand services available to British internet users are operated from outside the UK putting them beyond UK regulation, a regulator has warned.”

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The Independent, 19th July 2013


The Competition Commission’s power to block transactions outside the UK – Competition Bulletin from Blackstone Chambers

“The judgment in Akzo Nobel NV v Competition Commission [2013] CAT 13 is an important decision on the ability of the Competition Commission (‘CC’) to block transactions between companies outside of the UK. However, neither party to the appeal will be entirely happy with the Competition Appeal Tribunal’s (‘CAT’) legal analysis. There must therefore be a chance that – in a future case even if not in this one – the decision will be subject to attacks from both directions.”

Full story

Competition Bulletin from Blackstone Chambers, 1st July 2013