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Founded in 2012, Signature Litigation has grown into one of London’s pre-eminent specialist dispute resolution practices. From the outset, we set out to do things differently: a conflict-free, disputes-only platform designed to give clients the undivided focus and strategic agility that complex, high-stakes matters demand.
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FIND OUT MOREFollowing a three-day expedited trial at the High Court in November, Signature Litigation has successfully secured a landmark judgment for CIHL, granting unprecedented declaratory and injunctive relief against the Defendant, Peter D Protopapas, who was appointed as a receiver over CIHL by the state court in South Carolina, United States, and has been purporting to act for and on CIHL’s behalf ever since. The case is Cape Intermediate Holdings Limited and Cape Plc v Peter D Protopapas [2024] EWHC 2999 (Ch), Case No: BL-2024-001337.
The claim arises in the context of proceedings brought by the Defendant purportedly as receiver of CIHL, an English holding company in the Cape group of companies, in South Carolina in its name, including against its own parent and subsidiary companies (which are incorporated in England and France). Mr Justice Mann found that “CIHL did not have a presence in South Carolina (or anywhere in the United States)” and that it had not submitted to the jurisdiction of South Carolina, such that there was no “sufficient connection” for the purposes of recognition of the South Carolina receivership.
The case turned on the unprecedented application of private international law and comity and the laws of tort and agency, with CIHL successfully securing wide-ranging and stringent declarations and injunctions against the Defendant with a view to protecting the legitimate interests of CIHL. Mr Justice Mann granted negative declarations confirming that the purported appointment under the Receivership Order had no legal effect either in England and Wales or worldwide, including in South Carolina where the Order was made. Mr Justice Mann also granted injunctive relief, restraining the Defendant from acting or purporting to act as agent or otherwise on behalf of CIHL, despite the South Carolina state court confirming that the Defendant’s actions were within the terms of its Receivership Order.
CIHL was represented at trial by Signature Litigation LLP (partners Paul Brehony and Josh Wong and senior associates George Bazinas and Claire Colonnese), who instructed Mark Phillips KC, William Willson and Angus Groom (South Square Chambers), and Derrick Dale KC and Louise Merrett (Fountain Court Chambers) as counsel.
A link to the full judgment may be found here.
