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Cases Dominic Chambers

National Investment Bank Ltd. v Eland International (Thailand) Co. Ltd.

Judgment Date: 11 May 2022

The Commercial Court handed down judgment in National Investment Bank Ltd. v Eland International (Thailand) Co. Ltd. [2022] EWHC 1168 (Comm) granting the Claimant’s application under s.72 of the Arbitration Act 1996 for a declaration that the arbitrator, Mr Simon Nesbitt QC of Maitland Chambers, who was appointed pursuant to an order of the Commercial Court in 2020 under s.18 of the Arbitration Act 1996, had no jurisdiction to determine the Defendants’ claim against the Claimant for over US$300 million.

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Members
Dominic Chambers KC

Practice areas
Arbitration & ADR

Kazakhstan Kagazy PLC v Baglan Abdullayevich Zhunus & Ors (2020)

Judgment Date: 25 Mar 2020

he court declined to exercise its discretion under CPR r.3.1(7) to reconsider or vary various orders concerning the failure of a party in relation to information and pleadings, as the discovery of an order made in another jurisdiction was not a material change of circumstances and there had been no misstatement to the court about the existence of the order.

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Members
Dominic Chambers KC

Cathal Anthony Lyons v Fox Williams LLP (2018)

Judgment Date: 25 Oct 2018

A solicitor instructed to deal with a client's claim under an accident, death and disablement insurance policy had not been under a duty to warn his client about his rights arising out of the same accident under a long-term disability insurance policy which was not covered by the retainer, nor had a duty arisen to warn him to take advice.

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Members
Dominic Chambers KC

Practice areas
Professional Negligence

(1) JSC BTA Bank (2) BTA Securities JSC v Turkiye Vakiflar Bankasi Tao (2018)

Judgment Date: 17 Apr 2018

In proceedings between a Turkish bank and a Kazakhstan bank relating to the enforcement of a guarantee governed by Turkish law, an order granting permission to serve outside the jurisdiction was set aside on the basis that the claimant had submitted to the jurisdiction of the Turkish courts by continuing to defend the substantive proceedings and inviting the Turkish court to rule in its favour on the merits.

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Members
Dominic Chambers KC
Edward Granger

(1) Montreux Capital Management (UK) Ltd (2) MCM UK (Group) Holdings Ltd (3) Montreux Group (Holdings) Ltd v (1) John Godden (2) Wentworth Hall Consultancy Ltd (3) Ian Morley (2018)

Judgment Date: 21 Mar 2018

The court did not grant summary judgment in a dispute over the terms of a settlement agreement where it was at least arguable that a deal carried out by the defendant did not qualify as such under the agreement and where the objective meaning of the words in the agreement supported that view.

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Members
Dominic Chambers KC

Exportadora De Sal S.A. De C.V. v Corretaje Maritimo Sud-Americano Inc (2018)

Judgment Date: 09 Feb 2018

In relation to a shipbuilding contract entered into by a Mexican buyer and governed by English law, a decree made in Mexico that the tender process leading to the contract was a nullity did not deprive an arbitrator who had determined a dispute in the seller's favour of substantive jurisdiction

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Members
Dominic Chambers KC
Duncan McCombe

Practice areas
International & Offshore

R (On The Application Of Miller & Anor) v Secretary Of State For Exiting The European Union (2017)

Judgment Date: 24 Jan 2017

The Government did not have power under the Crown's prerogative to give notice pursuant to TEU art.50(2) for the UK to withdraw from the EU. An Act of Parliament was required.

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Members
Benjamin John
Dominic Chambers KC

R (On The Application Of (1) Gina Miller (2) Deir Tozetti Dos Santos) (Claimants) v Secretary Of State For Exiting The European Union (Defendant) & (1) Grahame Pigney & Ors (2) AB, KK, PR & Children (

Judgment Date: 24 Jan 2017

The Government did not have power under the Crown's prerogative to give notice pursuant to TEU art.50(2) for the UK to withdraw from the EU. An Act of Parliament was required.

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Members
Benjamin John
Dominic Chambers KC

R (On The Application Of (1) Gina Miller (2) Deir Tozetti Dos Santos) (Claimants) v Secretary Of State For Exiting The European Union (Defendant) & (1) Grahame Pigney & Ors (2) AB, KK, PR & Children (

Judgment Date: 03 Nov 2016

The Government did not have power under the Crown's prerogative to give notice pursuant to TEU art.50 for the UK to withdraw from the EU.

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Members
Benjamin John
Dominic Chambers KC

In the Matter of SABMiller PLC (2016)

Judgment Date: 23 Aug 2016

In relation to the summoning of members to a shareholders' meeting to consider a scheme of arrangement, the Companies Act 2006 s.895 and s.896 had to be interpreted flexibly and consistently with the legislative intention to promote compromise. There was no injustice to a member waiving the right to participate in the scheme meeting where it had already given an irrevocable undertaking to be bound by the proposed scheme; nor was there any injustice to other members in such a waiver, since they had no right to force a consenting member to attend and vote.

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Members
Dominic Chambers KC

Slocom Trading Ltd v Tatik Inc & Ors (2012)

Judgment Date: 04 Dec 2012

The court was required to determine the validity and effectiveness of a number of contracts between companies through which two businessmen had managed their financial affairs.

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Members
Benjamin John
Dominic Chambers KC

Practice areas
Commercial Disputes

Stornoway 2011 Ltd v SIV Portfolio Plc (In Receivership) (2011)

Judgment Date: 14 Nov 2011

The court determined certain issues relating to the interpretation of an indemnity clause in an investment and funding management agreement.

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Members
Dominic Chambers KC

Practice areas
Commercial Disputes

JD Cleverly Ltd & Cwmbran Motors Ltd v Family Finance Ltd (2010)

Judgment Date: 21 Dec 2010

A county court judge had erred in finding that motor dealers had concluded several contracts of sale with a finance company. The parties' conduct could not properly be regarded as manifesting an intention to create a legal relationship in the form of a contract of sale.

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Members
Dominic Chambers KC

Practice areas
Commercial Disputes

OT Computers Ltd (In Administration) v First National Tricity Finance Ltd & Ors (2003)

Judgment Date: 09 May 2003

The claimant company, who had set up trusts in anticipation of insolvency proceedings to safeguard customers' and suppliers' monies, remained the beneficial owners of the fund to the extent to which it had not effectively, by its declaration of trust, created benefical interests in the fund in favour of the beneficiaries.

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Members
Dominic Chambers KC

Practice areas
Company, Partnerships & LLPs
Private Client

National Westminster Bank Plc v Somer International (UK) Ltd (2001)

Judgment Date: 22 Jun 2001

The defendant could only rely on a plea of estoppel by representation, as a defence to the recovery of the entirety of a sum mistakenly transferred to it by the claimant, to the extent that it had acted to its detriment in reliance upon that representation.

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Members
Dominic Chambers KC

R v Securities & Futures Authority Ltd & Ors (2001)

Judgment Date: 26 Apr 2001

The power to impose an unlimited fine for improper trading in financial markets did not render disciplinary hearings for registered traders criminal in nature.

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Members
Dominic Chambers KC

White Sea & Onega Shipping Co v International Transport Workers’ Federation (2000)

Judgment Date: 19 Dec 2000



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Members
Dominic Chambers KC

Bluewater Operations (UK) Ltd v Amerada Hess Ltd (2000)

Judgment Date: 31 Jul 2000

Construction of a contract, for the provision of a floating production storage and offtake facility, in relation to payments made during the time when the facility was taken off-field for repair.

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Members
Dominic Chambers KC

Practice areas
Commercial Disputes

Tamarind International Ltd & Ors v Eastern Natural Gas (Retail) Ltd & Ors (2000)

Judgment Date: 12 Jun 2000

Agreements under which the claimants were appointed as the defendants' agents for the purpose of procuring new customers for the defendants in the newly deregulated gas and electricity supply industries were governed by the Commercial Agents (Council Directive) Regulations 1993 SI 1993/3053.

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Members
Dominic Chambers KC

David Edgar Heaton & Ors v AXA Equity & Law Life Assurance Society Plc & Ors (2000)

Judgment Date: 19 May 2000

Claimants' appeal from the decision of Laddie J on the trial of a preliminary issue as to the effect upon these proceedings of a settlement agreement ('the agreement') made between the claimants and the third parties.

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Members
Dominic Chambers KC

Practice areas
Commercial Disputes

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