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The Supreme Court’s decision in Barton v Morris [2023] UKSC 3 has provided welcome clarity for when the court will imply terms into a contract, particularly in service contracts where the parties may not have agreed express terms for every eventuality....
Robert Levy KC at No5 Chambers, together with Rupert Bell and Daisy Boulter of Walkers Cayman recently succeeded in the Cayman Islands in the first case determining that transfers of long-term business without the approval of the Cayman Islands Monetary Authority are void ab initio....
Finality is an obvious tenet of our justice system. In Close Brothers Limited (trading as Close Brothers Asset Finance) v Rooster Trucking Company Limited and ors [2023] EWCA Civ 533, the Court of Appeal had to decide how issues of finality interplayed with late allegations of fraud....
A global settlement has recently been reached with two Abu Dhabi state funds for US $1.8 billion to settle the legal dispute with them, Bakers and Quantuma have contributed to the success of the result....
The case of Chug v. Dhaliwal provides an instructive High Court example of when and how a Judge must weigh up factors for relief from forfeiture, and why it is a bad idea to unlawfully sublet commercial premises....
Can a Judge, who has concluded that he is unable to assess costs summarily at the end of a hearing, because he has insufficient information, make directions for another Judge to carry out a summary assessment of those costs?...
With the financial sanctions imposed against Russia has been widening and deepening over the past year, more and more businesses and investors have paid attention to the regulatory obligations for compliance....
The Court of Appeal has handed down Judgment in this case concerning implied terms in unwritten agreements between a gin company and their wholesaler. Lois Norris, led by Steven Reed, successfully dismissed the Defendant’s appeal....
their obligations and potential liabilities in relation to companies in financial difficulties, including liability for wrongful trading and the director’s disqualification regime...
The Court of Appeal has determined that a foreign executor does have standing to issue proceedings in England and Wales without first obtaining a grant of probate or a resealed grant (if applicable) in England and Wales, his authority to collect assets here being a matter of English law under which an executor derives his title from the will of the testator....
This autumn HHJ Paul Mathews, sitting as a Judge of the High Court, handed down a series of decisions relating to the removal of an executor and trustee....
Since the case of West Mercia Safetywear v Dodd, English law has acknowledged a duty upon directors to account for creditors’ interests (‘the Creditor Duty’)...
No5 Barristers’ Chambers are pleased to announce that the Queen has appointed Shakil Najib to be a Circuit Judge on the advice of the Lord Chancellor and the Lord Chief Justice of England and Wales....
In response to the first draft of the new Procurement Bill, Jorren Knibbe highlights key points in the legislation that will eventually repeal the Public Contracts Regulations 2015 and create a single Procurement Act for the whole of the UK....
Section 11 of the Inheritance Act 1975 has been litigated to trial for the first time, providing significant consequences for estate, family and insolvency law....
Philip Mantle and Rebecca Livesey discuss: In-person and online mediation - Early neutral evaluation when it’s privately through the parties or mandated by the court....
Philip Mantle and Rebecca Livesey discuss: In-person and online mediation - Early neutral evaluation when it’s privately through the parties or mandated by the court....
In the first podcast episode, Maria Mulla and Alexander Heylin of No5 Barristers’ Chambers, speak with Iskander Fernandez, a Partner at BLM who they first met at English Law Week in St. Petersburg, Russia in 2019....
No5 Barristers’ Chambers teamed up with Saunders Solicitors’ to host two webinars examing the common law regime and the practical steps needed to enforce a judgment obtained in these jurisdictions in the UK....
No5 Barristers’ Chambers teamed up with Saunders Solicitors’ to host two webinars examing the common law regime and the practical steps needed to enforce a judgment obtained in these jurisdictions in the UK....
Mark Anderson QC and Steven Reed appeared in the Court of Appeal on 16 March, representing UK Gymnastics Limited in its appeal against an injunction restraining it from infringing British Gymnastics’ trademarks and from passing off by calling itself a National Governing Body for the sport of gymnastics....
No5 is delighted to announce that Louise Corfield has qualified as an accredited mediator. Having already being recognised by the directories as incredibly studious whilst having a commercially-minded and practical approach Louise will also add 12 years of experience litigating in the High Court/Business and Property Courts to her mediation approach....
This webinar looks at recent interesting cases and important developments in costs matters. The aim is to help practitioners comply with the Civil Procedure Rules and achieve the best outcomes in hearings relating to costs, including applications for relief from sanctions for late costs budgets....
Maria Mulla and Changez Khan consider the decision of the Supreme Court in Financial Conduct Authority -v-Arch Insurance (UK) Limited & Ors [2021] UKSC 1...
No5 Barristers' Chambers is delighted to welcome Sudhir Mishra to the Business and Property Group. Sudhir, an Environmental lawyer of India, has joined as a Door Tenant....
On 31 October 2020, the ban on repossession proceedings comes to an end. Approximately 1.8 million people have taken a deferral on a mortgage, and the second period of deferral is now coming to an end. Lenders may commence or continue with possession proceedings if appropriate....
If you are looking to enforce a restrictive covenant in a business protection case, the High Court’s recent decision in Peltrade Ltd v Scanlan [2020] 9 WLUK 34 is a timely reminder of how not to do things....
At the height of the response to the COVID-19 pandemic in March 2020, the government announced that small businesses would be entitled to substantial grants as a result of being forced to close....
The law of frustration has reared its head at some memorable moments in British history: King Edward VII’s cancelled coronation; the First World War; the Second World War; and Brexit....
No5 Barristers’ Chambers is committed to protecting the mental health of its barristers, pupils and staff. We have been awarded the Bar Council’s Wellbeing Certificate of Recognition and have in place a robust Wellbeing Policy to provide such support....
Section 82 of the Coronavirus Act 2020 came into force on the 25th March 2020. It provides temporary protection from eviction to lawful occupiers of business premises (whether or not they are tenants), in two respects:...
On the 1st April 2020 HMCTS published a note on the Civil Court Listing Priorities. This is divided into two sections: - Priority 1 work includes work that must be done and Priority 2...
This note attempts to summarise the current working practice for Courts and Tribunals in England and Wales: is the court or tribunal simply closed, open for certain business or operating new remote procedures?...
With the current Coronavirus outbreak in the UK, we have seen guidance upon guidance and the enactment of the Coronavirus Act 2020 at break-neck speed...
A planning expert from No5 Barristers’ Chambers will launch his debut book in March in which he uses his own life experience to reflect on modern Britain, social mobility and the challenges that still face children from deprived areas....
Two barristers from No5 Barristers’ Chambers, the UK’s largest set of chambers, are to be appointed to Her Majesty’s Queen’s Counsel by the Lord Chancellor at a ceremony taking place at Westminster Hall on Monday 16th March....
In a decision handed down on 31 July 2019, the Court of Appeal in FSHC Group Holdings Ltd v Glas Trust Corporation Ltd [2019] EWCA Civ 1361 have clarified the test for contractual rectification on the basis of common mistake....
Two cricket tournaments staged by No5 Barristers’ Chambers in memory of a late member have raised a total of £3,375 for the national charity of the Bar – Advocate....
The recent decision of the Court of Appeal in BV Nederlandse Industrie Van Eiprodukten v Rembrandt Entreprises Inc [2019] EWCA Civ 596 provides welcome clarification...
No5 Barristers’ Chambers has been officially recognised for the mutual support its barristers and staff provide to ensure their continued wellbeing....
Richard Jones QC and Philip Mantle of No5 Barristers’ Chambers have appeared for the successful creditor in the first case before the Court of Appeal ...
