Mark Anderson QC and Steven Reed successful in $3bn jurisdiction challenge

Fri, 17 Aug 2018

Mr Justice Popplewell has handed down a reserved judgment following a 4-day jurisdiction challenge, dismissing a $3 billion claim brought by the Republic of Angola’s Sovereign Wealth Fund (FSDEA) against its former chairman, José Filomeno dos Santos. Mr dos Santos was successfully represented by Mark Anderson QC and Steven Reed on instructions from Joseph Sutton Solicitors. Acceding to their contention that the claim should not be tried in England because it had a greater affinity with other jurisdictions, Mr Justice Popplewell dismissed the action against Mr dos Santos.

The judge had already discharged an injunction freezing Mr dos Santos’s assets, on the ground that a fair presentation of the case had not been made by lawyers acting for FSDEA when first obtaining the freezing order from Mr Justice Phillips. In the reserved judgment, he also added that there was no evidence of any risk that Mr dos Santos would dissipate his assets.

Speaking after judgment was handed down, Mark Anderson QC, Head of No5 Barristers’ Chambers, said “This claim should not have been brought, and certainly not in England. Neither was it an appropriate case for a freezing injunction.  I am very pleased that Steven Reed and I were able to play our part in Joseph Sutton’s team in getting it dismissed at the very first opportunity.”

http://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Comm/2018/2199.html&query=(Dos)+AND+(Santos)

Mark Anderson QC is Head of No5 Barristers’ Chambers and has a wide-ranging QC’s practice covering business and property disputes of all kinds. To view his profile please visit: https://www.no5.com/barristers/barrister-cvs/mark-anderson-qc--silk/

Steven Reed is a member of No5 Barristers' Chambers Commercial and Chancery Group. To view his profile please visit: https://www.no5.com/barristers/barrister-details/333-steven-reed/

 

 

Related articles

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....

Date: Tue, 08 Sep 2020
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....

Date: Mon, 17 Aug 2020
Update from Tony McDaid on No5's latest position during Covid-19...

Date: Thu, 18 Jun 2020