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Case of the Day: PJS v. News Group Newspapers Ltd.

The case of the day is PJS v. News Group Newspapers Ltd., [2016] EWCA Civ 100. PJS is a well-known English entertainer. No, I will not tell you who he is—it’s easy to find out on the web if you like. YAM was his spouse, also an entertainer. PJS and YAM had young children. PJS was the friend and occasional lover of AB, who had a partner, CD. In 2011, PJS propositioned AB and CD, and, as the judge wrote, “the three met for a three-way sexual encounter which they duly carried out.” AB and CD then told the editor of the Sun on Sunday about the tryst. When the editor reached out to PJS for comment, PJS brought a suit seeking to enjoin publication. He lost in the High Court and took an appeal.
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Belfast Project: Court of Appeal Rejects Rae’s Argument

The Court of Appeal in Belfast has dismissed Winston “Winkie” Rae’s application to quash the decision of the Director of Public Prosecutions to seek to obtain Rae’s Belfast Project interview tapes by way of an MLAT request to the United States. While it does not seem the judgment has yet been published, the court has published a summary that explains the main points.
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Case of the Day: Stichting Shell Pensionenfonds v. Krys

The case of the day is Stichting Shell Pensionenfonds v. Krys [2014] UKPC 41. Shell, a Dutch pension fund, had invested in shares of Fairfield Sentry Ltd., a BVI mutual fund and the largest “feeder fund” for Bernard L. Madoff Investment Securities LLC, which needs no introduction. After Madoff’s arrest, Shell immediately sought to redeem its shares in Fairfield, but of course it received nothing. So Shell applied to a court in Amsterdam, its home jurisdiction, for an order attaching bank accounts of Fairfield held by Citco Bank Nederland BV, Fairfield’s asset custodian, in its Dublin branch. The Dutch court approved the attachment; everyone agreed that the Dutch court had jurisdiction over Citco. The High Court of the BVI ordered Fairfield to be wound up and appointed Krys and Lau as liquidators. Shell submitted a claim in the BVI insolvency claim but its claim was rejected. So the situation was that if Shell was allowed to litigate the merits of its claim in the Netherlands and succeeded there, then it would receive the full amount of its claim on account of the attachment, and in effect to have priority over other creditors, who could not hope for such a recovery in the BVI insolvency proceedings. Indeed, as Shell admitted, that was the point of the attachment. Krys and Lau moved in the BVI court for an anti-suit injunction enjoining Shell from prosecuting its claim in the Netherlands and requiring Shell to procure a release of the attachment. The BVI Court of Appeal held in favor of the liquidators, and Shell appealed to the Privy Council.
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