Source: All England Reporter
Publisher Citation: [2005] All ER (D) 307 (Feb)
Neutral Citation: [2005] EWHC 35 (Comm)
Court: Commercial Court
Judge:

Gloster J
Representation Nicholas Strauss QC, Duncan Matthews QC and Syed Hossain (instructed by Slaughter and May) for the claimant.
  Justin Fenwick QC and Jonathan Nash (instructed by Barlow Lyde & Gilbert) for the first defendant.
  Simon Carr QC and Peter Cranfield (instructed by Reynold Porter Chamberlain) for the second defendant.
  Nicholas Davidson QC and Benjamin Elkington (instructed by DLA) for the third defendant
  Robert Miles QC and Thomas Leech (instructed by Herbert Smith) for the fourth defendant.
  Timothy Carlisle (instructed by Sykes Anderson) for the third Pt 20 defendant.
Judgment Dates: 20 January 2005

Catchwords

Practice and procedure - Parties - Identity - Overseas company merging prior to arbitration proceedings being commenced - Status of company in arbitration proceedings.

The Case

The court dealt with preliminary issues relating to the status of a company named as party to arbitration proceedings, when in fact prior to the proceedings being issued, the company had merged and therefore ceased to exist. Issues also arose as to whether the solicitors acting for the company had acted in breach of warranty.

Practice Areas

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