This Week in the Supreme Court – week commencing 19th December 2022 – UKSCBlog

On Wednesday 14th December the Supreme Court will hand down two judgments. The hand-downs will take place at 9:45 a.m. in Courtroom One:

  • Stanford International Bank Ltd (In Liquidation) v HSBC Bank PLC, on appeal from [2021] EWCA Civ 535. The Court was asked to consider whether an insolvent company suffers any loss if payments are made out of its bank accounts which discharge a debt owed by that company in an equivalent amount.
  • Candey Ltd v Crumpler and another (as Joint Liquidators of Peak Hotels and Resorts Ltd (In Liquidation)), on appeal from [2020] EWCA Civ 26. The

UPDATE 3-CIBC ordered to pay $848 mln damages to Cerberus, will appeal

(Adds Cerberus statement, updates amount of expected CIBC one-time charge to reflect currency changes)

By Jonathan Stempel

NEW YORK, Jan 4 (Reuters) – Canadian Imperial Bank of Commerce plans to appeal a New York judge’s order that it pay about $848 million in damages to private equity firm Cerberus Capital Management, in a contract dispute tied to the 2008 global financial crisis.

In a statement on Wednesday, the Toronto-based bank said it expects to take a C$1.16 billion pretax charge, or about C$850 million ($631 million) after taxes, in its first-quarter results, reducing its ratio of capital to assets.

It

Khan v Meadows [2021] UKSC 21 – UKSC Blog

In this post Rebecca Khan, a Legal Support Assistant at Matrix Chambers, comments on the case of Khan v Meadows [2021] UKSC 21 – handed down on the 18th of June 2021. This appeal raised important questions about the application of the scope of duty principle in clinical negligence cases. The judgment is handed down together with the court’s judgment in Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20.

The Facts

The appellant, Ms Meadows, is the mother of a child with haemophilia and autism. Prior to her pregnancy, the appellant consulted her GP practice in 2006

Stanford International Bank Ltd (in liquidation) v HSBC Bank PLC (Expedited) [2022] UKSC 34 – UKSC Blog

On appeal from: [2021] EWCA Civ 535

The Appellant (“SIB”) is a company incorporated in Antigua and Barbuda that went into liquidation in 2009. Most of SIB’s business was selling investment products to international customers. However, during 2003 to 2009, SIB was being run as a large Ponzi scheme. Customer withdrawals and payments when investment products supposedly matured were being made from capital invested by other customers rather than investment proceeds. In 2008, many customers requested withdrawals from SIB fearing that it may become insolvent.

SIB had four bank accounts with the Respondent (“HSBC”). These accounts were frozen by HSBC

The Idaho murders case is getting murkier, but patience is of the essence

It has been more than 50 days since four students at the University of Idaho were found fatally stabbed inside a house. Two of the victims, Ethan Chapin and Xana Kernodle, were 20 years old; the other two, Madison Mogen and Kaylee Goncalves, were 21. For weeks, bits of information surfaced piecemeal; two of the victims had gone to a bar, then to a food truck, prior to their deaths. Investigators said they believed the attack had been targeted, but were unable to say whether “the target was the residence or its occupants.”

For weeks, the public scratched their heads.

Candey Ltd v Crumpler and another (as Joint Liquidators of Peak Hotels and Resorts Ltd (In Liquidation)) [2022] UKSC 35 – UKSC Blog

Candey Ltd, the appellant, acted as a solicitor for Peak Hotels & Resorts Ltd (“PHRL”) between April 2014 and March 2016 in respect of worldwide litigation and various other matters. One such matter was an action in the High Court in London, referred to as “the London Litigation”.

On 21 October 2015, PHRL entered into a fixed fee agreement (the “FFA”) with the appellant, under which the appellant agreed to continue to act for PHRL in return for a fixed fee (the “Fixed Fee”). Payment of the Fixed Fee was deferred until the handing down of judgment on liability or

R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28 – UKSCBlog

This appeal concerns a matter of statutory interpretation in the context of litigation funding. Litigation funding involves the agreement of a third party (with no prior connection to the litigation) to finance all or part of the legal costs of certain litigation, in return for a percentage of any damages recovered should the funded litigant be successful. In particular, this appeal concerns whether each of the agreements to provide this funding, known as litigation funding agreements (“LFAs”), constitute a “damages-based agreement” (“DBA”), a term given a specific definition by statute. In order to be lawful and enforceable a DBA has

Anne Heche’s Son Homer Fights Her Ex James Tupper Over Her Estate – Hollywood Life

Anne Heche’s Son Homer Fights Her Ex James Tupper Over Her Estate – Hollywood Life



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UPDATE 10/12/22: A California judge ruled in Anne Heche‘s son Homer Laffoon‘s favor and declared that Homer will be his half-brother Tupper Atlas‘s guardian instead of Anne’s ex James Tupper. The ruling was made October 11, after Homer filed to be named legal guardian of Atlas (who is James’ son). Homer’s lawyer told HollywoodLife in a statement, “We are pleased—but not surprised—with the court’s ruling this morning denying James’ petition to appoint himself guardian ad litem for Atlas. We look forward to the court resolving Homer’s petition at the next