The Lawyer have today published their feature on The Top 10 Appeals of 2022, recognising the leading matters that will appear in the Court of Appeal and Supreme Court in this forthcoming year. Eight members of 3VB feature across three cases in the list:
SKAT (the Danish Customs and Tax Administration) v Solo Capital Partners (in Special Administration) and others
In March 2021, Andrew Baker J struck out a £1.5bn claim relating to applications to claim refunds of dividend withholding tax. The case now proceeds to the Court of Appeal.
For the respondent:
For the respondent, ED&F Man Capital Markets Ltd:
CIS General Insurance v IBM United Kingdom
Appeal in relation to the effect of an exclusion clause on a reliance damages claim following a failed IT transformation project that CIS General Insurance undertook with IBM UK at a contract price of around £50m with ongoing management costs of over £125m.
For the appellant, CIS General Insurance Limited:
Michael Lazarus, instructed by Addleshaw Goddard partners Susan Garrett and Lauren Hamilton
For the respondent, IBM UK:
Adam Kramer QC, instructed by CMS
Argentum Exploration Ltd v The Silver and all persons claiming to be interested in the Rights of Silver- THE TILAWA
The claim is for salvage of 2364 bars of silver (the “Silver”) salved from the wreck of the SS TILAWA (“Tilawa”) which was sunk by two Japanese torpedoes on around 23 November 1942, while on a voyage from Bombay, India, to Durban, South Africa (via Kenya). The wreck sank in international waters and after salvage the Silver was brought to the UK and declared to the receiver of wreck after which its existence was published and the Republic of South Africa “(RSA”) asserted that it is owner of the Silver. The RSA claims that it is immune from the English court’s jurisdiction due to sovereign / state immunity. The Silver is currently worth over USD 70 million.
For the respondent, Argentum Exploration Ltd:
Click here to view the full list of appeals.