January 2012: London Litigation Update

In This Issue:

- Liquidator Ordered to Disclose Documents to Creditor for Use in Arbitration

In Sunwing Vacation Inc v. E-Clear (UK) plc [2011] EWHC 1544 (Ch), 3 June 2011, the U.K. High Court of Justice Chancery Division considered whether Section 155(1) of the 1986 Insolvency Act, which requires the disclosure of an insolvent company’s papers to its creditors, also required the disclosure of documents to a creditor for use in a separate arbitration against a third party. The applicants, Sunwing Vacations Inc. and Vacances Sunwing Inc. (collectively “Sunwing”) applied for an order against E-Clear (UK) plc (E-Clear), a company in voluntary liquidation of which they were creditors, and E-Clear’s liquidators for the disclosure of documents for use in arbitration proceedings in Germany. The German arbitration involved claims by Sunwing that relate to E-Clear’s debt to Sunwing...

- Sovereign Immunity

Could an affiliate of a New York-based hedge fund seize Argentina’s assets in Britain using a $284 million U.S. court judgment it had against the South American nation? In NML Capital v Argentina, the U.K. Supreme Court held that the hedge fund was entitled to do so...

- Common Sense and Contract Interpretation

In Rainy Sky SA v. Kookmin Bank [2011] UKSC 50, The U.K. Supreme Court recently gave important guidance on the English courts’ approach to contractual interpretation. The fundamental rule under English law is that the purpose of contractual interpretation is to determine what the parties meant by the language they used. This is an objective enquiry – it involves ascertaining how a reasonable person, with all of the background knowledge available to the parties at the time of the contract, would construe the document...

- Lucasfilm v Ainsworth [2011] UKSC 39 (the ‘Stormtrooper Helmet’ case)

England’s highest Court has held that Star Wars Stormtrooper helmets are not “sculptures,” much to the chagrin of Lucasfilm. In doing so, it also found that an action for copyright infringement based on activity outside the EU (in this case the United States) could be brought in England against someone residing in the United Kingdom over whom the English courts have personal jurisdiction...

Please see full issue below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Quinn Emanuel Urquhart & Sullivan, LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »


Quinn Emanuel Urquhart & Sullivan, LLP is a 650-lawyer business litigation firm -- the largest in... View Profile »

Follow Quinn Emanuel Urquhart & Sullivan, LLP :

Reporters on Deadline

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.