Re New Cap Reinsurance Limited (in liquidation) [2011] EWCA Civ 971: acting for the Appellants (Lloyds' names) on an appeal to the Court of Appeal against a decision of Lewison J that an Australian preference judgment could be enforced by the Australian liquidator in this jurisdiction notwithstanding that the Appellants had not submitted to the jurisdiction of the Australian Court. (The Appellants appeal to the Supreme Court will be heard together with the appeal in Rubin v Eurofinance in March 2012.)
ESO Capital Luxembourg Holdings II S.A.R.L v Duet Cayman LLP: acting for an investment fund in a €50+ million multi-jurisdictional dispute arising out of the refinancing of a property construction and development project in St Barts (French West Indies). The dispute, which settled in July 2011, involved three sets of arbitration proceedings in the London Court of International Arbitration and Court proceedings in the Cayman Islands and Luxembourg.
Centenary Holdings II Limited v Vivendi SA and others: acting for Vivendi SA in a complex multiparty claim concerning alleged unlawful financial assistance given by the claimant in breach of section 151 of the Companies Act 1985 and directors' breach of duty claims. The case settled in late 2010. Blair is now acting for Vivendi SA in a £10m breach of directors' duty claim assigned to Vivendi SA by the claimant as part of the 2010 settlement.
In re Mercury Tax Group Limited [2011] 2 BCLC 301: acted for the Respondent administrators on appeal to the Court of Appeal in a dispute about the administrators' rejection of HMRC's debt for voting purposes at a creditors' meeting to consider the company's administrators' proposals for the future of the administration.
Also substantial recent experience of the landlord and tenant issues which arise in insolvency proceedings having acted for the landlords in the TJ Hughes and Luminar administrations, the landlords in Goldacre Offices (UK) Limited v Nortel Networks (UK) Limited [2010] Ch 455, the administrators of Innovate Logistics (Sunberry Properties Limited v Innovate Logistics Limited [2009] 1 BCLC 45), the landlords in Re Metro Nominees [2008] BCC 40 and for the successful objectors in PRG Powerhouse CVA (Prudential v PRG Powerhouse [2008] 1 BCLC 289).
