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MAITLAND IS A LEADING SET OF BARRISTERS’ CHAMBERS IN LONDON. WE PROVIDE ADVOCACY AND LEGAL ADVICE ACROSS A HUGE RANGE OF BUSINESS DISPUTES IN ENGLAND AND WALES AND MANY INTERNATIONAL JURISDICTIONS.

Our core practice areas are Commercial Litigation and Arbitration, Civil Fraud, Company & Partnership, Insolvency & Asset Recovery and Offshore & Trusts, with a number of leading specialists in related fields.

We excel in the most challenging commercial disputes at the Bar. We have been consistently ranked as a leading set in all our areas of practice and we are particularly recognised for our cross-disciplinary expertise.

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Court of Appeal clarifies scope of estoppel by litigation conduct

Thomas Munby KC and James Kinman appeared for the successful party in Malik v Malik [2024] EWCA Civ 1323, in which the Court of Appeal handed down judgment on 4 November 2023. They successfully argued that the test for whether a party will – by adopting one position in litigation – be barred from adopting a contrary position at a later stage is broad and merits based, unfettered by strict rules. In particular, it is not necessary to identify a clear, unequivocal statement of position by the party in question, and it is wrong to import such a requirement from the law of promissory estoppel....

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Thomas Munby KC, Emily Gailey and James Mitchell acted for the successful First Defendant in Kireeva v Zolotova

A successful outcome for the First Defendant in Kireeva v Zolotova, in which a Russian bankruptcy trustee had attempted to claim ownership of a valuable property in Italy via a share in an English company. ...

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Rebecca Page acts for successful shareholders at trial in Lane v Lane [2024] EWHC 2616 (Ch)

On 21 October 2024 the High Court handed down judgment in Lane v Lane [2024] EWHC 2616 (Ch). ...

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Faith Julian acted for the successful applicant in Re a company [2024]

Judgment has been handed down in Re a company [2024] EWHC 2656 (Ch), in which ICC Judge Burton granted an injunction to restrain a winding up petition on the basis that the applicant company has a genuine and serious cross-claim against the would-be petitioning creditor, in the sum of £44m. The Judge expressly rejected the creditor’s contention that the asserted cross-claim must be capable of being set out in a pleading, holding that “there is scope for this court to determine an asserted cross-claim to be genuine and serious even in circumstances where all of the information one would usually require for it to be properly pleaded, is not before this court.” The Judge reiterated that the threshold test for an injunction of this kind is “low”, and that if there is any doubt about the cross-claim, the court should proceed with caution....

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Charity fundraising and Abbey Mills Mosque – Mohammed v Daji [2024] EWCA Civ 1247

The Court of Appeal has handed down judgment in Mohammed v Daji [2024] EWCA Civ 1247, a significant case relating to the ownership of the Abbey Mills Mosque in West Ham and the split within the Tablighi Jamaat movement of Islam. The judgment of Newey LJ discusses various aspects of judicial fact-finding about the intentions of donors to a charitable trust, as well as judicial findings of fact....

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Maxim Cardew represented successful applicants in Mohammed v Patel [2024]

Maxim Cardew represented the successful applicants in Mohammed v Patel [2024] EWHC 2581 (Ch) in their application for a declaration and injunctive relief calling for fresh elections to the Executive Committee of a Charity operating a substantial mosque. The case concerned the correct construction of the constitution of the Charity (an unincorporated association), the lawfulness of a previous election that had been held, and the appropriate test for granting declaratory and injunctive relief in such circumstances. The decision also considered whether and in what circumstances the constitution of a charitable unincorporated association could be waived or varied....

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