Recent, Notable & Leading Cases

Iris Helicopter Leasing Ltd v Elitaliana Srl

An approved copy of the Judgment of Jacobs J in Iris Helicopter Leasing Ltd v Elitaliana Srl in which Philip Shepherd QC appeared for the successful operating lessors has just been published. It is the latest case demonstrating the robust rejection of the lessees arguments including those based on frustration.

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Times Travel Limited v Pakistan International Airways Corporation [2021] UKSC 40

The Supreme Court has now established beyond challenge the existence of “lawful act” economic duress, rejecting the argument that acts that are lawful in themselves can never qualify as illegitimate pressure for the purpose of setting aside a contract for duress.

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Fisken v Carl SC-2020-APP-000829

Philip Shepherd QC acted for Mr Bernard Carl (“BC”) on his successful application to set aside a Default Costs Certificate

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Patel v Mirza 2016

Philip was counsel leading Professor Graham Virgo in the landmark Supreme Court case on how English law should respond to illegal conduct in civil claims. This case marked a decisive change in the law.

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Gregor Fisken Limited v Bernard Carl 2021

A 1962 Ferrari 250 GTO, considered one of the most desirable cars ever built and sold for a record $44m is the subject of an appeal to the Court of Appeal that was featured by The Lawyer as one of the top 15 appeals of 2021 on 3 March 2021.

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Treasure of the San Jose 2018

Dispute over the ownership of arguably the most valuable treasure ever discovered on the wreck of the Spanish treasure ship, San Jose. The wreck was found in Colombian waters by the Ocean Infinity Corporation giving rise to claims by a number of Governments and other claimants.

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Islamic Republic of Iran v Barakat Gallery 2007

This case concerned the question of the ownership of a collection of antiquities dating from the period 3000 BC to 2000 BC that originated in Jiroft Iran that were allegedly illicitly exported and was ultimately resolved in the Court of Appeal.

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Satfinance Investments Limited v Athena Art Finance Corp 2020

Litigation concerning the fraud allegedly committed by modern art dealer Inigo Philbrick relating to Jean-Michel Basquiat painting entitled “Humidity”.

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Emmott v Michael Wilson & Partners Limited 2018

A BVI quasi partnership dispute between former partners in a law firm operating in Kazakhstan described by the Court of Appeal as having “a long history of hard fought litigation over more than 10 years in several jurisdictions, including Australia, the Bahamas, the British Virgin Islands and England.”

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Melford Capital Partners (Holdings) LLP v Wingfield Digby and Ors 2021

Application to restrain defendant from litigating a counterclaim in England in breach of an exclusive Guernsey law and jurisdiction clause and in support of agreement to refer disputes to London Arbitration. Philip is working closely with a leading Guernsey firm in connection with a dispute relating to a Guernsey holding company of English and Scottish hedge fund LLPs.

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