Mr Adam Forster

Adam Forster

Updates

Litigation

Collision of legal duties, family loyalties and unreliable truth
United Kingdom | 09 July 2019

In a case which has attracted public, press and legal attention, the High Court recently found that the directors of a family-run business should have ensured that the company's interests took precedence over any personal and private loyalties felt towards their family members where those competing interests came into conflict. The court's findings offer a number of helpful reminders of crucial considerations for both businesspeople and legal professionals.

Court of Appeal disagrees on 'agreement to agree'
United Kingdom | 16 February 2016

A recent Court of Appeal judgment addressed a number of issues typically encountered in disputes relating to the sale of goods. The decision is a reminder that where oral statements are made in the hope of encouraging a buyer to enter into a sale and purchase contract, if those statements depart from the written terms of the contract, they may render the written terms ineffective.

The pitfalls of last-minute service of English proceedings on a foreign defendant
United Kingdom | 30 June 2015

In the recent case of Chopra v Bank of Singapore Ltd the court considered whether the defendants had been validly served with a claim form and, if not, whether to dispense with service. The court also considered other issues relating to the law applicable to the claims in tort and whether the proceedings should be stayed on the grounds of forum non conveniens.

Commercial Court assesses power and limitations of Chabra jurisdiction
United Kingdom | 02 December 2014

In Cruz City 1 Mauritius Holdings v Unitech Ltd the Commercial Court recently considered whether it had jurisdiction to grant a freezing order to assist in the enforcement of an arbitration award against subsidiaries of the first defendant, which were incorporated outside the jurisdiction and had no assets or other presence in England.

Imposition of conditions on ability to pursue application for permission to appeal
United Kingdom | 12 August 2014

In a recent judgment the Court of Appeal found compelling reasons to require the defendant to pay the judgment sum and other amounts into court as a condition of its pursuit of an application for permission to appeal. The case serves as a reminder of the issues that the court will consider when determining whether to impose conditions on a party before considering an application for permission to appeal a first-instance decision.

Jurisdiction in tort claims: the indirect answer to the refrain "Where's the harm?"
United Kingdom | 13 May 2014

The Commercial Court recently considered whether it had jurisdiction over a claim against a firm of German lawyers. The case offers an interesting clarification of the rules for jurisdiction over tort claims when the damage pertains to the loss of a contractual right. It may also be a sign that the court is increasingly willing to expand the application of Article 5(3) of the EU Brussels Regulation for the establishment of jurisdiction.

Court clarifies relationship between CPR service provisions and Companies Act
United Kingdom | 28 January 2014

In what is believed to be the first decision on the issue, the High Court has decided that a claimant may serve an individual defendant who is a director of a UK company at any address shown as his or her current address in the Companies House register, despite the director claiming to be resident outside the jurisdiction. The court held that this service method operates as a parallel code to the Civil Procedure Rules.

Court of Appeal finds skeleton argument no means of introducing unpleaded claims
United Kingdom | 22 October 2013

The Court of Appeal recently handed down judgment in Credit Suisse AG v Arabian Aircraft & Equipment Leasing Co EC. The case yielded a number of noteworthy findings, both at first instance and on appeal. The judgment provides a salutary lesson to litigants that omissions in the pleadings can have serious consequences, and that the court will (or at least should) confine its consideration to the pleaded cases.

The corporate veil: Prest, but not pierced
United Kingdom | 25 June 2013

The Supreme Court recently issued its judgment in Prest v Petrodel Resources Limited, in which Michael Prest was ordered to transfer to his former wife properties held by companies owned and controlled by him as part of a £17.5 million divorce award. The decision may well assuage the concerns of corporates insofar as it adheres to long-held company and trusts law principles.

The steady rise of the implied contractual duty of good faith
United Kingdom | 12 March 2013

A recent High Court decision will in all likelihood signal a substantial shift in the approach of the courts towards the dealings of contracting parties. The judge stopped short of suggesting that English law is ready to acknowledge that a requirement of good faith be implied in all commercial contracts, but he did give limited guidance as to the circumstances in which it may properly be implied.

Interim injunctions: the vital and continuing duty of disclosure
United Kingdom | 13 November 2012

A recent High Court decision provides a lesson to any successful applicant for injunctive relief: it should not leave the court believing that it has closed the door on its duty of full and frank disclosure. On the contrary, that duty merely begins on the application to court for the injunction, and the applicant that does not recognise its continuing hold is liable to lose its relief.