Articles

Articles by ‘Milan Kapadia’

post  |  29:06:20

We successfully secured summary judgment for over US$ 17 million and an award of indemnity costs in a hard-fought application which involved several issues where the parties argued over service under the Hague Convention of 1965 and what the correct position to adopt was in the light of several related documents as part of a wider suite of commercial agreements each with differing jurisdiction and dispute resolution clauses.

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post  |  13:03:20

While the headlines in 2019 were predominantly occupied by the “B” word, it is clear that we are set for further uncertainty in 2020 due to the current outbreak of the coronavirus, or COVID-19.

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post  |  23:03:18

India has long been protective about opening up its legal industry to foreign practitioners. The question of whether foreign law firms or lawyers can practice in India was left in limbo until it was considered in March 2018 by the Supreme Court of India following an appeal by the Bar Council of India of the decision of the Madras High Court in February 2012 and by the ‘Global Indian Lawyers’ organisation of the decision of the High Court in Bombay in December 2009.

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post  |  13:12:17

RBS are no longer in the clear in their case against the Property Alliance Group, as the Court of Appeal authorises the borrowing company’s appeal.

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post  |  08:12:17

The Court of Appeal has handed down judgment in the case of African Export-Import Bank & Ors v Shebah Exploration & Production Company Ltd & Ors [2017] EWCA Civ 845 about whether the standard terms found in the industry standard form syndicated loan documentation are “another’s written standard terms of business” for the purpose of the Unfair Contract Terms Act 1977 (UCTA) and therefore susceptible to a “reasonableness test” for the purposes of considering whether any of the terms are unfair and therefore not enforceable.

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post  |  08:12:17

The Act received Royal Assent on 27 April 2017. This legislation is intended to overhaul the Proceeds of Crime Act 2002 (POCA) and the anti-money laundering and confiscation regime.

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