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Cases James Kinman

Alibrahim v Asturion Foundation (2020)

Judgment Date: 24 Jan 2020

The Court of Appeal has provided authoritative guidance on the abuse of process known as “warehousing” in its first judgment on the subject for almost 20 years. David Mumford QC and James Kinman appeared for the successful respondent.

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Members
David Mumford KC
James Kinman

Practice areas
Commercial Disputes

Tugushev v Orlov [2019]

Judgment Date: 26 Jul 2019

A claimant's failure to make due enquiry in relation to allegations forming a core piece of the defendant's defence, and his consequent failure to fairly represent the merits of that defence on a without notice application for a worldwide freezing order, had amounted to serious non-disclosure and the freezing order was set aside. The freezing order was not re-granted on the return hearing because there was no risk of the defendant dissipating his assets.

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Members
Benjamin John
Christopher Pymont KC*
George Hayman KC
James Kinman

Malik v Malik : South Lodge Flats Ltd v Malik (2019)

Judgment Date: 21 Jun 2019

Questions of whether a claim to possession of a flat would be defeated by a defence of adverse possession, and whether raising the adverse possession defence would be an abuse of process, were not suitable for summary determination on the available facts.

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Members
James Kinman
Timothy Dutton KC

Alexander Tugushev v (1) Vitaly Orlov (2) Magnus Roth (3) Andrey Petrik (2019)

Judgment Date: 27 Mar 2019

The claimant, who was pursuing a claim of unlawful means conspiracy against three defendants, had a good arguable case that the first defendant, a Russian businessman, had been resident, and therefore domiciled, in England when the claim form was issued. The English courts therefore had jurisdiction to hear the claim against him.

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Members
Benjamin John
Christopher Pymont KC*
George Hayman KC
James Kinman

Asturion Foundation v Aljawharah Bint Ibrahim Abdulaziz Alibrahim (2019)

Judgment Date: 15 Feb 2019

The appellant's decision to suspend the progress of its claim against the respondent while related litigation was taking place in Liechtenstein should not have led to the striking out of the claim.

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Members
David Mumford KC
James Kinman

BAT v Sequana (2019)

Judgment Date: 06 Feb 2019

A common law duty to have regard to creditors' interests could be triggered when a company's circumstances fell short of actual insolvency. Such a duty arose when the directors knew or should have known that the company was or was likely to become insolvent. In that context, "likely" meant probable.

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Members
David Mumford KC
James Kinman

Practice areas
Company, Partnerships & LLPs
Insolvency & Restructuring

United Co Rusal Plc v Crispian Investments Ltd (2018)

Judgment Date: 14 Sep 2018

There was no reason to apply any special principles of interpretation to a shareholders' agreement which provided for a right of first refusal in the event of a disposal of shares by one of the investors, notwithstanding that the terms of the agreement in relation to the rights attached to shares differed from those in the company's articles of association.

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Members
Christopher Pymont KC*
David Mumford KC
James Kinman
Thomas Munby KC

(1) Simon Franklin Plant (2) Daniel Plant (Administrators Of Relentless Software Ltd) v (1) Vision Games 1 Ltd (2) Ultimate Finance Ltd (3) Thincats Loan Syndicates Ltd (4) Relentless Vision 1 Ltd (20

Judgment Date: 25 Jan 2018

Vision 1 Ltd (2018) Summary The court interpreted agreements by which a video games development company had agreed to accept funding from a loan company, secured by various charges. In particular, it determined that the funder had no security or other proprietary interest in monies in the company's bank accounts, derived from tax credits.

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Members

James Kinman

Practice areas
Banking & Financial Services
Insolvency & Restructuring

Mark Alexander Newson-Smith v Alawi Quais Abdul Mumem Al Zawawi (2017)

Judgment Date: 21 Jul 2017

Permission to bring committal proceedings against a director of two companies was refused as the proceedings would not serve the public interest; there was a risk that the applicant, who was a judgment creditor of the companies, was trying to pressurise the director into paying a debt he was not liable for. There was no strong prima facie case that the director had knowingly or recklessly made false statements in the course of CPR Pt 71 proceedings brought by the judgment creditor; he might have been careless, but that was insufficient for a finding of contempt of court.

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Members
James Kinman

Cepia HK Ltd v Character Group Plc (2016)

Judgment Date: 08 Dec 2016

A share option agreement between a Hong Kong toy manufacturer and a UK distributor was expressed to be conditional upon the distribution arrangements between the parties continuing up to the date on which the option was exercised. The manufacturer's action in rescinding the distributor's invitation to a toy fair made it clear that it regarded the relationship between the parties as being at an end and thus invalidated the option agreement.

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Members
David Mumford KC
James Kinman

Practice areas
Commercial Disputes

National Infrastructure Development Co Ltd v Banco Santander SA (2016)

Judgment Date: 09 Nov 2016

A beneficiary was entitled to summary judgment in respect of standby letters of credit issued by the defendant bank as security for the obligations of a Brazilian contractor in relation to a major construction project in Trinidad. It was not seriously arguable that the fraud exception applied because the demands under the letters of credit had not been honestly made.

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Members

James Kinman

Practice areas
Banking & Financial Services