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Rosenblatt successfully oppose application to amend Particulars

18/01/2018
MARK EDWARD AARONS & ORS v BROCKET HALL (JERSEY) LTD & ANOR (2018) http://www.lawtel.com/MyLawtel/Documents/AC5001448 QBD (Merc) (Moulder J) 12/01/2018 DAMAGES - CONTRACTS - CIVIL PROC

MARK EDWARD AARONS & ORS v BROCKET HALL (JERSEY) LTD & ANOR (2018)
http://www.lawtel.com/MyLawtel/Documents/AC5001448

QBD (Merc) (Moulder J) 12/01/2018

DAMAGES – CONTRACTS – CIVIL PROCEDURE

AMENDMENTS : BREACH OF CONTRACT : EXEMPLARY DAMAGES

Members of a golf club suing its owners for breach of contract in respect of their life memberships were not allowed to amend their particulars to claim exemplary damages. The possibility that the law might develop to allow exemplary damages in contractual claims did not equal a real prospect of success.

The claimants applied to amend their particulars to claim exemplary damages in their claim concerning their life memberships of a golf club belonging to the defendants.

HELD: The test was whether the claim sought by the amendment had a real prospect of success. The claimants argued that the facts were already in issue, namely the allegation that the defendants had refused them access to the golf club. It was rare for exemplary damages to be allowed in a contractual as opposed to tortious claim,  Addis v Gramophone Co Ltd [1909] A.C. 488 (http://www.lawtel.com/MyLawtel/Documents/AC1745946) followed. Such damages had been awarded by the Supreme Court of Canada, in Royal Bank of Canada v Got & Associates Electric Ltd [1999] 3 S.C.R. 408. In England and Wales, the Supreme Court would have to confront the issue of whether to allow exemplary damages in a breach of contract case. The problem for the claimants was as stated in the White Book 17.3.6, namely that the possibility that the law might develop did not equal a real prospect of success. The amendment would not be allowed.

Application refused

Counsel:
For the claimants: Robert Hantusch
For the defendants: David Cavender QC

Rosenblatt has acted for the management team of Corbin & King, including Jeremy King and Christopher Corbin, in relation to the sale of the Corbin & King group

20/12/2017
Rosenblatt has acted for the management team of Corbin & King, including Jeremy King and Christopher Corbin, in relation to the sale of the Corbin & King group, the group behind landmark rest

Rosenblatt has acted for the management team of Corbin & King, including Jeremy King and Christopher Corbin, in relation to the sale of the Corbin & King group, the group behind landmark restaurants in London such as The Wolseley, The Delaunay and Brasserie Zedel, to a newly incorporated vehicle backed by Minor International Pcl, one of the largest hospitality and leisure companies in the Asia-Pacific region that is listed on the Stock Exchange of Thailand.

The Rosenblatt team provided advice to Messrs Corbin and King, together with other members of the management team, in connection with the sale of their shares in the Corbin & King group.

As part of the transaction, Rosenblatt also advised the team on their equity stake in the acquiring entity

The sale and related equity arrangements successfully completed on 18 December 2017.

The Rosenblatt team was led by Elizabeth Shaw (Corporate Partner), who was assisted by, among others, Philip Alfandary (Tax Partner), David Sachs (Head of Banking), Matthew Bowen (Corporate Solicitor) and Abigail Watson (Trainee Solicitor).

Commenting on the deal, Elizabeth said “Jeremy, Chris and the team were a pleasure to deal with throughout, and I have no doubt that the joint venture with Minor will prove to be a huge success. The team have exciting times ahead and we wish them all the very best”.

Jeremy King commented: “Transactions like this are always potentially fraught and it was reassuring to know that we were safely in the extremely capable and protective hands of Elizabeth Shaw and her team”

Rosenblatt deepens its relationship with DeHeng Law Offices in China

06/12/2017
On 27th November 2017 Rosenblatt took a further step in cementing its connections with DeHeng, one of China’s leading national law firms.  At a meeting at DeHeng’s Beijing Head Office Neil Samps

On 27th November 2017 Rosenblatt took a further step in cementing its connections with DeHeng, one of China’s leading national law firms.  At a meeting at DeHeng’s Beijing Head Office Neil Sampson, international Development partner of Rosenblatt and Dr Wang Li, Senior Partner and Chairwoman of DeHeng signed a landmark agreement to promote co-operation in cross-border transactions arising from China’s Belt and Road initiative.

The formal signing of the agreement between Rosenblatt and The Belt and Road Service Centre, of which Dr Wang Li is also Chairwoman took place in DeHeng’s offices and was witnessed by other DeHeng partners.

Before signing the contract, the two sides held detailed discussions on issues of mutual interest. Dr Wang emphasised that the Belt and Road Service Centre (http://www.bnrsc.com/) whose membership includes China Chamber of Commerce for International Cooperation in Private Enterprise; Chinese Enterprise Outbound Innovation Center and international lawyers, accountants, appraisers, finance institutions and other service agencies and liaison mechanisms for enterprises “going global” would benefit greatly from representation in the United Kingdom.  BNRSC provides a ‘one stop shop’ for businesses participating in investment and economic and trade exchanges between the countries along the Belt and Road with many contracts being drafted subject to English Law.

Following the signing of the co-operation agreement, Rosenblatt will continue to work with DeHeng and other Chinese and international professional firms in the development of Belt and Road projects throughout the World.

Rosenblatt has also joined the Belt and Road International Business Mediation Center to promote commercial dispute mediation relating to Belt and Road projects, Neil Sampson is to be appointed as an international mediator within the Centre.

Following the signing of the agreements in Beijing Neil travelled to meet with the senior partners of DeHeng in Shenzhen where there was further discussion of the co-operation between the two firms.  There was an appreciation of the benefits of the co-operation between the law firms with staff being seconded from China to Rosenblatt in London to obtain firsthand experience of working in the City of London.  Rosenblatt partners and staff will also benefit from spending time in one of China’s major law firms to deepen their understanding of Chinese business and culture.

London City law firm Rosenblatt has recently appointed Ajit Mishra as Partner and Head of India Practice

16/11/2017
London City law firm Rosenblatt has appointed Ajit Mishra as a Partner & Head of India Practice in October 2017. Previously he has led the India desk for two major City based law firms and was

London City law firm Rosenblatt has appointed Ajit Mishra as a Partner & Head of India Practice in October 2017.

Previously he has led the India desk for two major City based law firms and was Managing Partner of Fox Mandal’s London office.

A dual qualified corporate lawyer in both India and England & Wales, Ajit has a strong track record in corporate and commercial law, specialising in cross-border foreign direct investment laws.

Ajit joins Rosenblatt as they have identified India as one of the fastest growing economies in the world and has emerged as one of the most attractive destinations for investments and doing business.

As such Rosenblatt looks to assist Indian companies operating or looking to invest in the UK in all aspects of their legal requirements. Equally they seek to assist international clients during their market launch in India through their project management capability.

Ajit can be contacted on +44 (0)207 955 1505 or by email ajitm@rosenblatt-law.co.uk 

Ajit’s appointment has also been announced in both Legally India  and Bar & Bench 

Neil Sampson meets DeHeng founder Dr Wang Li on recent trip to China

30/10/2017
Neil Sampson met DeHeng (DHH Law Firm) Founder, Dr Wang Li on his recent visit to China, following on from DeHeng's visit to Rosenblatt back in September.

Neil Sampson met DeHeng (DHH Law Firm) Founder, Dr Wang Li on his recent visit to China, following on from DeHeng’s visit to Rosenblatt back in September.

© Rosenblatt Solicitors 2018
Rosenblatt is authorised and regulated by the Solicitors Regulation Authority (SRA No. 00070109). The registered address and principal place of business is 9-13 St. Andrew Street, London EC4A 3AF.
You can access the rules by which we are regulated by following this link - www.sra.org.uk/solicitors/code-of-conduct.page. Rosenblatt is registered for Value Added Tax in the United Kingdom under registration number GB 523 0713 85.
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