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Cases Andrew Twigger

CFH Clearing Ltd v Merrill Lynch International (2020)

Judgment Date: 14 Aug 2020

A standard 2002 ISDA Master Agreement governing certain foreign exchange transactions was not varied by the defendant bank’s standard terms so as to incorporate an alleged market practice of retrospectively adjusting prices where there had been market disruption.

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Members
Andrew Twigger KC

Practice areas
Banking & Financial Services

(1) Blue Power Group Sarl (2) Blue Wave Co SA (3) Blue Mgmt Ltd v (1) Eni Norge as (2) Eni Spa (3) Eniprogetti Spa (formerly Fecnomare Spa) (2018)

Judgment Date: 20 Dec 2018

Ahead of a breach of contract claim, it would be disproportionate to grant the defendants a Norwich Pharmacal order that the claimants disclose the source of documents in their possession that were potentially covered by the defendants' legal professional privilege. Given that it appeared that the parties had regularly shared such confidential information with each other over a number of years, the defendants' case on wrongdoing was weak, and the claimants were in no better position than the defendants to identify the particular source of any given document.

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Members
Andrew Twigger KC
Jonathan Allcock

(1) Jane Rebecca Ong (2) Alexander Ong (3) Nicholas Ong (4) Jordana Ong v Ong Siauw Ping (2017)

Judgment Date: 12 Dec 2017

A judge had been correct to find that a house and the proceeds of its sale were held on a discretionary trust. Although the trust deed did not refer to the house, there was sufficient in the background circumstances to lead a reasonable person to believe that the settlor had made a valid declaration of trust in respect of it.

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Members
Andrew Twigger KC

Wood v Capita Insurance Services Ltd (2017)

Judgment Date: 29 Mar 2017

The court interpreted an indemnity clause in an agreement for the sale and purchase of shares in an insurance broking company. The clause covered loss caused by mis-selling only where such loss followed or arose from a claim or complaint by a customer to the Financial Services Authority or other regulator. The indemnity did not apply where the company referred itself to the FSA.

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Members
Andrew Twigger KC

Andrew Wood v (1) Sureterm Direct Ltd (2) Capita Insurance Services Ltd (2017)

Judgment Date: 29 Mar 2017

The court interpreted an indemnity clause in an agreement for the sale and purchase of shares in an insurance broking company. The clause covered loss caused by mis-selling only where such loss followed or arose from a claim or complaint by a customer to the Financial Services Authority or other regulator. The indemnity did not apply where the company referred itself to the FSA.

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Members
Andrew Twigger KC

Kazakhstan Kagazy PLC & ors v Baglan Zhunus & ors (2017)

Judgment Date: 17 Feb 2017

A company subject to rehabilitation proceedings had failed to discharge the onus of showing that in all probability an order that it provide security for costs would stifle its claim; it had failed to demonstrate that there were no creditors who could put up the necessary finance and it had been conducting the proceedings with funding of some sort.

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Members
Andrew Twigger KC

Richard Campbell v Robert Campbell (2016)

Judgment Date: 20 Jul 2016

Services provided by a lawyer qualified in another jurisdiction did not constitute "legal services" for the purposes of CPR r.46.5(3)(b). The cost of those services was therefore not recoverable by a litigant in person as payments reasonably made for legal services relating to the conduct of the proceedings.

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Members
Andrew Twigger KC
Narinder Jhittay

Sinclair Investment Holdings SA v Versailles Trade Finance Ltd (2007)

Judgment Date: 30 Apr 2007

Whilst an individual had persuaded the claimant company to invest funds in a particular trading transaction, as no separate and personal duty of loyalty and fidelity by that individual had been established, the claimant company failed to make good its claim to a proprietary share of a property purchased as a result of a fraudulent conspiracy whereby its funds had been invested elsewhere.

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Members
Andrew Twigger KC
Matthew Collings KC