Articles by author
Lex situs and its discontents: English security over foreign assets
This article examines the distinction between the contractual and proprietary effects of a transaction in the context of English security over foreign assets. In particular, it considers the way in which creditors address, before and after transacting, the ineffectiveness of English security under the lex situs and the important role of equities arising between the contracting parties.
31 JUL 2024Foreign financial crises and the consumer
This article considers two recent cases involving claims against Lebanese banks by claimants wanting to withdraw foreign currency and seeking to invoke the special regimes for consumers that apply in relation to: (i) jurisdiction; and (ii) applicable law. In the first case, Bitar v Banque Libano-Française SAL [2021] EWHC 2787 (QB)(Bitar), the court considered the question of jurisdiction. In the second case, Khalifeh v Blom Bank SAL [2021] EWHC 3399 (QB) (Khalifeh), the court considered the question of applicable law.
1 APR 2022Cryptoassets, consumers and foreign arbitration
This article considers Soleymani v Nifty Gateway LLC [2022] EWHC 773 (Comm) (Soleymani) in which the High Court held it had no jurisdiction and granted a stay under s 9 of the Arbitration Act 1996 (AA 1996) of proceedings brought by an English consumer primarily to enforce his rights under the Consumer Rights Act 2015 (CRA 2015).
1 JUL 2022
