Cerulean Chambers

Our Cases

Listed below are examples of our cases, mostly recent but including some older but particularly notable ones. For confidentiality reasons, we are not able to publish a comprehensive list of all cases in which our barristers have participated. Please click on the dropdown arrow to view the cases associated with each area of expertise.

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    Confidential

    2012: LCIA arbitration relating to MOD contracts to the Middle East in which Juliette acted for one of the parties

     

    Schwebel v Schwebel

    Arbitration Act appeals arising out of inheritance disputes. [2011] 2 All E.R. (Comm) 1048 : Juliette acted for the respondent

     

    Halpern v Halpern

    [2008] Q.B. 195

    [2007] Q.B.88: Dispute involving enforcement of compromise agreement embedded in an arbitration award.

  • Confidential

    2013: Confidential advice to BVI corporate client in UK regarding company reporting obligations in BVI.

     

    Confidential

    2013 : Advising English Company on enforcement risk to it from BVI judgment.

     

     

    Confidential

    2014 : Advising on setting up of new company in BVI under International Business Companies Act 1984.

     

    Dean Murphy v (1) Jayshree Ltd (2) Jayashree Shajahani Murphy

    BVI HCM 2011/99 : (14 December 2012)

    BVI HCM 2011/99 (Commercial Court of the Virgin Island Territory) Bannister J: Stuart led legal teams in England and BVI, representing the defendant in an application for security for costs in an undue influence/duress defence to a large breach of trust claim.

  • Clutterbuck & Paton v Sarah Al Amoudi

    [2014] EWHC 383 (Ch): Stuart led the legal team in a well publicised multi-million pound claim by property developers against defendant claiming to be a Saudi princess.

     

    Abdelrahman Abdullah Abbar & Abdulkarim Abbar v Saudi & Economic Development Co (Sedco) Real Estate Ltd (a company incorporated under the laws of Anguilla) & 5 Ors

    [2010] EWHC 2132 (Ch) : Stuart led Juliette in successfully resisting an application to strike out investor claim for fraudulent misrepresentation arising from the Pinnacle development in the City.

    Dadourian Group Litigation

    Dispute relating to international manufacturing agreements.

    [2009] EWCA Civ 169; [2009] 1 Lloyd’s Rep. 601 : Fraudulent misrepresentation, privies, privilege & fraud exception thereto, freezing orders, non disclosure, abuse of process, parameters of causation in deceit & materiality of arbitration findings and award between A and B in subsequent proceedings between B and C.

    [2008] EWHC 1784 (Ch) : use of unlawfully disclosed privilege documents, fraud exception to privilege & waiver of privilege.

    [2008] EWHC 186 (Ch) – Release of undertakings relating to evidence obtained under cross examination in freezing order proceedings for use in main action.

    [2007] EWHC 2634 (Ch) – Effect of injunctive relief on third parties, whether a third party could be in contempt by seeking to deploy material whose use was prohibited by an order in other proceedings against other parties.

    Stuart and Juliette acted for the Defendants.

  • Plantation v Dubai Islamic Bank PJSC: 2013 to date

    [2013] EWCA Civ 1229

    [2015] EWHC 272 (Comm)

    [2017] EWHC 520 (Comm) : Stuart and Juliette led the legal team for the Claimant, a British owned Dubai development company, which successfully obtained judgement on liability against Dubai Islamic Bank (“DIB”), Dubai’s leading commercial bank and the largest Islamic bank in the Middle East, largely owned by the Dubai government, after a 9 week trial in the Commercial Court in London. The claim was for up to US$2bn in relation to the unlawful seizure of a security by the bank in 2008. Permission to appeal is being sought in relation to the award of damages. The defendant was represented by Baker & McKenzie, Blackstone and 3 Verulam Buildings Chambers.

    The Claimant’s success represents a watershed in the legal battle against DIB that has been fought multi-jurisdictionally, by various parties, for over 8 years. The litigation itself has been characterised by Baker & McKenzie as “…among the most significant and complex commercial disputes in the market”. In 2014, Stuart and Juliette successfully obtained permission to serve out of the jurisdiction against DIB from Flaux J despite his having given judgement in favour of DIB in December 2013 (see Dubai Islamic Bank PJSC v PSI Energy Holding Co & Ors [2013] EWHC 3871 ((Comm))

    Clutterbuck v Cleghorn

    [2015] EWHC 2558 (Ch): multi-million pound claim for breach of a property development JVA where Stuart appears for the Claimants. The Claimants have been granted permission to appeal the Aldi Stores related decision.

     

    Citicorp International Ltd v Shiv-Vani Oil & Gas Exploration Services Ltd

    [2014] EWHC 245 (Comm) Commercial Court: banking and finance. Stuart acted for the Defendant challenging proceedings being brought in two jurisdictions in parallel in a multi-million pound bond claim.

     

    Bank of India v Riat

    [2014] EWHC 1775

    [2012] EWHC 4427 (Ch): Stuart acted in a multi-million pound claim by a bank on a guarantee relying upon a defence of economic duress.

    Mahtani v Sippy

    [2013] EWHC 285 (Ch): Cross border dispute involving defendant resident in Dubai. Stuart acted for the Claimant.

     

    Abbar v Saudi Economic Development

    [2013] EWHC 1414 (Ch): Dispute relating to investment in a multi-million pound development in the City of London known as ‘the Pinnacle’ involving allegations of breach of contract, fraudulent & negligent misrepresentation, economic torts, procuring breach of contract & Wrotham Park damages. Juliette led by Jonathan Crow QC, acted for the Claimant.

    Komal v Litt Corp Ltd

    [2012] EWHC 1266 (Ch): leading case on obtaining freezing order due to discrepancy in Defendant’s accounts.

     

    Schwebel v Schwebel

    [2011] 2 All E.R. (Comm) 1048: Arbitration Act appeals arising out of inheritance disputes. Juliette acted for the respondent.

     

    Halpern v Halpern

    [2008] Q.B. 195: Dispute involving enforcement of compromise agreement embedded in an arbitration award – Conflict of laws, applicability of Shamil Bank, arbitration agreements, restitution, duress, breach of contract, rescission.

    [2007] Q.B. 88: Whether agreement can be rescinded on grounds of duress when alleged victim could not offer substantial restitution in integrum. Juliette acted for the Claimant.

    Lygoe (t/a David Parry & Co) v Ilsley

    [2012] EWCA Civ 1816: Stuart successfully resisted an appeal against the dismissal of a claim by a solicitor for fees.

     

    Cavenagh v William Evans Ltd

    [2012] EWCA Civ 697

    [2013] 1 W.L.R. 238: contract terms and the application of Boston Deep Sea Fishing to contractual termination. Stuart acted for the respondent.

    Premier Telesports Ltd v The Racecourse Association Ltd & Ors

    2003: Dispute against The Racecourse Association over exclusive satellite tv licensing of British horse racing. Juliette acted for the Claimant.

     

    Berry Trade Ltd v Moussavi (No.2)

    [2003] EWCA Civ 239 costs orders in WFO litigation – Stuart acted for the Defendant.

     

     

    Westminster City Council v Porter (No.1 & No.2)

    [2002] EWHC 2179 (Ch)

    [2002] EWHC 1589 (Ch)

    [2003] Ch. 436

    [2003] 2 W.L.R. 420

    [2003] B.L.G.R. 188 : Stuart appeared for Dame Shirley Porter in breach of trust claim by WCC against her arising from the public law case Porter v Magill.

    Platt v Platt

    [2001] 1 B.C.L.C. 698 : leading case on share valuation. Stuart acted for the Appellant.

  • Flattery v (1) Newman & Bishop (2) Able Maxwell

    [2014] (Ch) July 2014: Successful claim by the Claimant against two firms of solicitors for professional negligence.

     

    Tamlura NV v CMS Cameron McKenna

    [2009] EWHC 538 (Ch): Professional negligence claim arising out of £40m share sale and purchase agreement. Stuart and Juliette acted for the Claimant.

  • Aspinall (t/a Oxford Retail Consultants) v Revenue and Customs Commissioners

    [2015] UKFTT 162 (TC)

    [2015] S.T.I. 1744: Stuart appeared for the tax payer in an application relating to jurisdiction and legitimate expectation. HMRC withdrew their petition and were refused their costs.

    Allen v Financial Services Authority

    Upper Tribunal (Tax and Chancery), 25 August 2011 (Official transcript): Stuart acted for a well know City insurance broker in an appeal against a partial prohibition order.

     

    Arqiva Ltd & Ors v Everything Everywhere Ltd, OPCS & Ors

    [2011] EWHC 1411 (TCC): First reported & landmark case involving dispute about roaming, network sharing, construction of master site sharing agreements, spectrum licences, Communications Act 2003 & Electronic Communications Code.

    [2011] All ER (D) 266 (Jul): First reported and landmark case on the transfer and variation of spectrum licences under the Wireless Telegraphy Act 2006 and Ofcom’s discretion thereunder and various European Directives. Juliette acted together with David Blunt QC for the successful Claimants.

    Re: Deep Vein Thrombosis and Air Travel Group Litigation

    [2003] EWCA Civ 1005; [2004] QB 234; [2003] 3 WLR 956; [2004] 1 All ER 445; [2004] 1 All ER (Comm) 459; [2004] 1 Lloyd’s Rep 316; [2003] 2 CLC 884; [2003] PIQR P35; (2004) 76 BMLR 38; (2003) 100(35) LSG 34; (2003) 147 SJLB 869; Times, July 14, 2003; Independent, July 8, 2003; [2002] EWHC 2825 (QB); [2003] 1 All ER 935; [2003] 1 All ER (Comm) 418; (2003) 71 BMLR 82; Times, January 17, 2003 : Widely reported and leading case on application of Warsaw and Montreal Conventions. Stuart led the legal team for the claimants at first instance and the Court of Appeal.

    Porter v Magill

    [2001] UKHL 67; [2002] 2 A.C. 357; [2002] 2 W.L.R. 37; [2002] 1 All E.R. 465; [2002] H.R.L.R. 16; [2002] H.L.R. 16; [2002] B.L.G.R. 51; (2001) 151 N.L.J. 1886; [2001] N.P.C. 184; Times, December 14, 2001; Independent, February 4, 2002; Daily Telegraph, December 20, 2001: the Homes for Votes case against Dame Shirley Porter and others. Stuart acted for the leader, deputy leader and vice chairman of housing from the auditor’s investigations and inquiry to the House of Lords. It remains one of the leading cases on bias.

  • Confidential

    2015 to-date: Juliette is advising various clients with substantial mast site portfolios on the issues of network and infrastructure sharing on their sites and issues under both the current and prospective Electronic Communications Code.

     

    Confidential

    2013: Dispute involving the blocking by a well-known network operator of services using GSM gateways. It concerned complex issues arising out of the legality of the use of GSM Gateways, which use has been considered in the Francovitch action [2013] EWHC 3091 (Ch). Juliette acted for the service provider.

    Arqiva Ltd & Ors v Everything Everywhere Ltd, OPCS & Ors

    [2011] EWHC 1411 (TCC): First reported & landmark case involving dispute about roaming, network sharing, construction of master site sharing agreements, spectrum licences, Communications Act 2003 & Electronic Communications Code.

    [2011] All ER (D) 266 (Jul): First reported and landmark case on the transfer and variation of spectrum licences under the Wireless Telegraphy Act 2006 and Ofcom’s discretion thereunder and various European Directives. Juliette acted together with David Blunt QC for the successful Claimants.

    Confidential

    Juliette has acted for a variety of PRS clients following the baring of their services by the Premium Rate Services regulator, PhonepayPlus. The actions included judicial review.

     

    Confidential

    Juliette has acted for a variety of clients on various regulatory issues involving Ofcom.

     

     

    Confidential

    Juliette has acted for a variety of clients on various SIA and interconnection related issues. The services in issue have been both national and international.

     

    PRS Communications v ICSTIS

    (2005) (unreported): The first IAB appeal to consider ICSTIS’ powers under the Communications Act 2003. Juliette acted for the successful appellant.

     

    Mancini v Telecommunications UK Ltd

    [2003] EWHC 211 (Ch): Dispute relating to improper/fraudulent use of numbers. Juliette acted for the successful Defendant.