Palladian Partners LP v The Republic of Argentina

JurisdictionEngland & Wales
JudgeMr Justice Picken
Judgment Date09 June 2023
Neutral Citation[2023] EWHC 1426 (Comm)
CourtQueen's Bench Division (Commercial Court)
Docket NumberFL-2019-000010
Between:
(1) Palladian Partners LP
(2) Hbk Master Fund LP
(3) Hirsh Group LLC
(4) Virtual Emerald International Limited
Claimants
and
(1) The Republic of Argentina
(2) The Bank of New York Mellon (as Trustee)
Defendants

[2023] EWHC 1426 (Comm)

Before:

Mr Justice Picken

FL-2019-000010

IN THE HIGH COURT OF JUSTICE

BUSINESS & PROPERTY COURTS OF ENGLAND AND WALES

COMMERCIAL COURT (KBD)

FINANCIAL LIST

7 Rolls Building

Fetter Lane

London, EC4A 1NL

Ms Susan Prevezer KC, Mr Alex Barden and Mr James Shaerf (Instructed by Quinn Emanuel Urquhart and Sullivan UK LLP) appeared on behalf of the Claimants

Mr Ben Valentin KC, Ms Tamara Oppenheimer KC, Mr Samuel Ritchie and Ms Francesca Ruddy (Instructed by Sullivan & Cromwell LLP) appeared on behalf of the Defendant

Mr Adam Zellick KC and Mr Ian Bergson (Instructed by Reed Smith LLP) appeared on behalf of the Defendant

RULING

Mr Justice Picken
1

I am now dealing with the uplift for the purposes of CPR 36.17(4)(a) in respect not of the payment amount for reference year 2013 (I have addressed that already), but in respect of the orders for specific performance in relation to reference years starting with 2014.

2

I remind myself that the draft order, which I have been presented with and which we have already resolved, provides at paragraph 20(b)(iii) that, where the payment conditions are met and a payment amount is due, the Republic should make a payment. The draft order then...

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