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Latest News

Fri, 9/11/2018
In Qingdao Huiquan Shipping Company v Shanghai Dong He Xin Industry Group Co Ltd [2018] EWHC 3009 (Comm) the Commercial Court reaffirmed and clarified the circumstances in which an anti-suit injunction can be granted on “Angelic Grace” grounds against a foreign litigant who is not a party to an exclusive forum agreement. The Court also granted the injunction in question notwithstanding that the foreign proceedings had been commenced and served over a year before anti-suit relief was...
Thu, 8/11/2018
Monica Feria-Tinta will be delivering a public lecture on state immunity and human rights today, at the Trinity College Law Review Distinguished Speaker Series, Trinity College, Dublin.   The Trinity College Law Review (TCLR) is Ireland's oldest and leading student-edited law journal. The TCLR promotes legal discourse by means of its Distinguished Speaker Series. Former guests in the series have been Justice Ruth Bader Ginsburg (Supreme Court of the United States), Lord Hoffmann and...
Tue, 6/11/2018
Astex Therapeutics Ltd v AstraZeneca AB [2018] EWCA Civ 2444 Josephine Davies appeared for the Appellant in this significant Court of Appeal case arising from a pharmaceutical drug discovery collaboration agreement. The appeal concerned both liability and costs. Although, the Court found for the Respondents (on a point of construction) on the main liability appeal, its decision on costs is important. The judge at first instance had awarded costs of trial against the Appellant on the indemnity...
Thu, 1/11/2018
Monica Feria -Tinta and Simon Milnes' article on "The Rise of Environmental Law in International Dispute Resolution" has been published in the Yearbook of International Environmental Law by Oxford University Press. The article analyses the latest and potentially most significant decision in a series of high-profile international judicial rulings that acknowledge legal consequences for environmental harm.   The authors argue that this is not an isolated development, but...
Fri, 26/10/2018
20 Essex Street is delighted to announce that Henry Byam-Cook was awarded the Shipping Junior of the Year at the Chamber Bar Awards held on Thursday 25 October. Many congratulations on the well-deserved win Henry!
Fri, 26/10/2018
In an article written for Asian Dispute Review, Kate Parlett and Mark Tushingham draw attention to recent treaty practice in the Asia-Pacific region as a result of the rising number of investment claims against environmental protection measures enacted in the public interest by States. The article considers how States have sought to shift the balance in new investment treaties in favour of regulation to protect the environment, how these provisions have been applied in recent investment treaty...
Thu, 25/10/2018
Botas Petroleum Pipeline Corporation v Tepe Insaat Sanayii AS [2018] UKPC 31  The Privy Council has issued a judgment with important implications for companies that do business with States and state-owned entities. The Privy Council held that State immunity does not extend to the property of state-owned entities (SOEs). Such property is not to be considered “property of a State” that is immune from enforcement.   The case concerned a dispute between Tepe, a...
Wed, 24/10/2018
In a significant victory, the Republic of Kenya has successfully defended claims worth around US$2 billion in investment arbitration proceedings.  Brought by mining investor, Cortec Mining Kenya Limited, under the 1999 Bilateral Investment Treaty between the UK and Kenya, the claims related to the alleged expropriation of a mining licence in respect of rare earth deposits in Mrima Hill, an area subject to various environmental and cultural protections in Kwale County, Kenya. Cortec claimed...
Tue, 23/10/2018
Monica Feria-Tinta spoke on Public International Law in the UK Courts at the Annual Government Legal Profession International Law Conference, in Lancaster house on 18 October 2018. Monica addressed recent key cases and topical matters including unincorporated treaties in domestic litigation, act of state doctrine post Belhaj and state immunity in the recent Supreme Court judgment in Benkharbouche. The conference was opened by Sir Iain Macleod KCMG, Legal Adviser, Foreign and Commonwealth Office...
Thu, 18/10/2018
Andrew Dinsmore has been instructed on behalf of several thousand claimants to bring an action against British Airways following a high-profile data breach. Instructed by SPG Law, he will act in a group litigation against British Airways following the hacking of the British Airways website, in the summer of this year, which led to approximately 380,000 people’s personal and financial details being stolen. This will be one of the first large-scale pieces of group litigation in England...