NEW DEVELOPMENTS IN COMMERCIAL LAW IN THE PRIVY COUNCIL


This paper is based on a webinar Richard Clayton QC and Rowan Pennington-Benton gave to the Commonwealth Lawyers Association on 2 December 2021, and was published by the Commonwealth Lawyers Association on 13 January 2022.

In this paper we discuss some important recent civil /commercial law appeals to the Privy Council. We consider how successful claims to the Privy Council can result from new landmark decisions made by the UK Supreme Courts. Although the appeals emanate from the Caribbean, they involve often complex legal issues which concern other international jurisdictions and have broader impact.

We discuss the following appeals:

  1. Broad Idea International v Convoy Collateral [2021] UKPC 24 – a significant decision on the court’s jurisdiction to grant freezing injunctions preserving assets where no cause of action is, currently, in play within the jurisdiction.
  2. Mohammed v Gomez [2021] 1 P & CR 19 – a case concerning adverse possession /equitable interests in properties built on another’s land.
  3. Charles Lawrence v Intercommercial Bank [2021] UKPC 30 – the first of two cases dealing with loss. This case concerned the loss recoverable by a lender for a valuer’s negligent valuation. The Privy Council discusses the impact of two new pathbreaking decisions of the UK Supreme Court, Manchester Building Society v Grant Thornton [2021] 3 WLR 81 and Meadows v Khan [2021] 3 WLR 147.
  4. Primeo Fund (In Liquidation) v Bank of Bermuda (Cayman) Ltd [2021] UKPC 22 – the second case dealing with loss considering the reflective loss principle (that shareholders cannot claim for loss suffered by the company of which they are members) and the impact of the UK Supreme Court decision in Sevilla v Marex [2021] AC 39.
  5. Central Bank of Ecuador v Conticorp [2016] 1 BCLC 26 – which is a slightly older authority regularly cited before the Privy Council dealing with breach of fiduciary duty in the context of nominee directors, dishonest assistance, and concurrent findings of fact. These principles were recently applied in Byers v Chen [2021] UKPC 4.

You can read the full paper here.


February 2022

Richard Clayton QC