Brick Court Chambers

A huge thank you to everyone who joined us for our Brick Court annual summer party, hosted at the stunning National Portrait Gallery. Your presence made the evening truly unforgettable. We are grateful to celebrate another year working with so many talented clients and colleagues. Here's to a year filled with many more shared moments. Photography by Richard Gray – Rugfoot Photography

The lawful succession of an unincorporated association is dependent on its constitution and not on the stated intentions of its members. The Court of Appeal (Moylan, Arnold and Nugee LJJ) so held, allowing the defendants’ appeal in Syed Aminul Haque v Altaf Hussain & ors [2024] EWCA Civ 806. Muttahida Quami Movement Pakistan (“MQMP”), a political party in Pakistan, claimed the beneficial ownership of a number of properties in North London which were held on express trusts for Muttahida Quami Movement (“MQM”). The trustee defendants, including the founder and ideologue leader of MQM, denied that MQMP was a constitutional development of MQM. Richard Slade KC (instructed by C M Atif & Co) appeared for the trustee defendants/appellants. https://lnkd.in/dvGuhKgK

Court of Appeal rules on costs of US$11 billion Nigeria trial The Court of Appeal has handed down a judgment addressing two points of principle regarding the costs of a two-month trial before Knowles J, in which he set aside an arbitration award worth US$11 billion for fraud under s.68 of the Arbitration Act 1996 ([2023] EWHC 2638 (Comm)). Knowles J found that the award had been obtained as a result of “greed and corruption” and awarded Nigeria its costs of the set-aside proceedings, which came to some £43 million. He ordered that the costs be paid in Sterling rather than Nigerian Naira. Mark Howard KC appeared for the Federal Republic of Nigeria, instructed by Mishcon de Reya LLP de Reya. Tom Pascoe acted in the underlying trial before Knowles J. Read the full story and view the judgment by clicking here: https://lnkd.in/gKrtJnf5

High Court rules on equal treatment provisions under the EU-UK Withdrawal Agreement This week the High Court (Mr Justice Jay) handed down its decision in Fertré v Vale of White Horse District Council [2024] EWHC 1754 (KB). The Appellant, a French citizen residing in the UK with Pre-Settled Status, had been refused housing assistance by the Council pursuant to rules in domestic legislation. Aarushi Sahore appeared for the IMA, instructed by their in-house legal team. Read the full story and view the judgment by clicking here: https://lnkd.in/ekjWUxjS

CAT rejects disclosure application and directs use of UK overcharge calculation as a proxy for international markets In the second wave of the Trucks proceedings, claims are made in respect of trucks and truck-related services supplied in the UK and in other European markets. The claimants contend that they paid an overcharge on these trucks and services. Hugo Leith (instructed by Freshfields Bruckhaus Deringer LLP) appeared for Volvo / Renault Matthew Kennedy (instructed by Herbert Smith Freehills LLP) appeared for Iveco Read the full story and view the judgment by clicking here: https://lnkd.in/ePi-PPWf

Tim Lord KC, Thomas Plewman KC, William Hooper, Jonathan Scott, Chintan Chandrachud and Jessie Ingle are instructed by Seladore Legal partners Simon Bushell, Gary Milner-Moore, Gareth Keillor and Kevin Kilgour.

Court of Appeal confirms that Mastercard cannot rely on a counterfactual based on an alternative, exemptible interchange fee The Court of Appeal has upheld the judgment of the Competition Appeal Tribunal on several preliminary issues in the Merricks collective proceedings against Mastercard. The proceedings are follow-on claims based on the Commission Decision that Mastercard’s cross-border EEA multilateral interchange fees (the ‘EEA MIFs’) infringed Article 101 TFEU. Marie Demetriou KC and Crawford Jamieson represent Mr Merricks, instructed by Willkie Farr & Gallagher LLP. https://lnkd.in/dEth-brG

Never mind the technicalities: Chancery Division lists expedited FRAND trial In the patent licensing litigation between Lenovo and Ericsson, the Chancery Division (Jonathan Richards J) has handed down an important judgment ([2024] EWHC 1734 (Pat)) finding that it is not necessary for a party seeking a determination of FRAND licence terms first to establish that it has a valid and infringed UK standard-essential patent (“SEP”). Sarah Abram KC appeared for Ericsson, instructed by Taylor Wessing and Pinsent Masons LLP. Sarah Ford KC has also appeared for Ericsson in a related injunction application (see related news item by clicking on the link below). Read the full story and view the judgment by clicking here: https://lnkd.in/d9n-48TT

Malcolm Birdling discusses legitimate expectations and legal certainty in EU administrative law in light of the case Nizar Assad v Council. Read the full post here: https://lnkd.in/dktBTTGr

🔔 The sanctions working group of the Bar Council of England and Wales (which Maya Lester KC co-chairs) has published sanctions guidance for barristers and their support staff. Key points on: https://lnkd.in/dVpfVgEd