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Cases James Aldridge

Richard Andrew Campbell v Robert Campbell (2018)

Judgment Date: 03 Nov 2017

Where a partnership between two brothers was being dissolved and its assets being distributed by the court, and the claimant brother had a good arguable case that the defendant brother would owe him some £8.3 million by way of an equalisation payment and costs orders resulting from his breaches of duty, a freezing injunction over the defendant brother's non-partnership assets was just and convenient.

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Zayo Group International Ltd v Michael Ainger & 6 Ors (2017)

Judgment Date: 13 Oct 2017

Claims against seven defendants alleging breaches of management warranties given in a share purchase agreement were dismissed. The claimant had failed to serve the notice of claim on one of the defendants by the final date for service, so, under the terms of the agreement, none of the claims could proceed.

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Eren Muduroglu v Reddish LLP & Derek Lucie-Smith (2015)

Judgment Date: 17 Apr 2015

On the evidence, a share transfer to recompense the recipient for introducing investment into a property development project had been agreed at a discounted price, not for free.

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Muduroglu v Reddish LLP

Judgment Date: 17 Apr 2015

On the evidence, a share transfer to recompense the recipient for introducing investment into a property development project had been agreed at a discounted price, not for free.

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Swiss Cottage (40) Properties Ltd v Primeestate Investments Ltd (2015)

Judgment Date: 05 Mar 2015

A unilateral notice which had been registered against the title to a property could remain on the register if the party who had registered it provided a fortified cross-undertaking in damages in the sum of £5 million.

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Members
James Aldridge QC

Practice areas
Real Estate

Iain Laurie Shearer & Ors v Spring Capital Ltd & Ors (2013)

Judgment Date: 04 Nov 2013

Where claimants had been granted an interim injunction and the defendant's applications for strike out and summary judgment had been dismissed, it was appropriate to depart from the general approach to costs to reflect the nature, degree and circumstances of the claimants' success.

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Iain Lawrie Shearer & Ors v Spring Capital Ltd & Ors (2013)

Judgment Date: 17 Oct 2013

The court refused to grant summary judgment in a claim by two borrowers for an order requiring their lender to release and discharge a number of securities for loans. The case raised serious triable issues concerning the validity of the tender of an outstanding sum where a borrower had to raise money to be able to pay off an existing loan and the availability of the money had to be conditional upon simultaneous release of security.

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Avrora Fine Arts Investment Ltd v Christie, Manson & Woods Ltd (2012)

Judgment Date: 27 Jul 2012

The claimant had established that a painting bought by it at an auction by Christie's was a forgery; it was entitled to a refund under a limited warranty given by Christie's, but the latter's conditions of sale barred the claimant's claims in negligence and misrepresentation.

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Weavering Capital (UK) Ltd (In Liquidation) v ULF Magnus Michael Peterson & 9 Ors (2012)

Judgment Date: 30 May 2012

A company's chief executive and managing director who had perpetrated fraud by swap agreements and misrepresentations to investors was liable to the company and its liquidators for breach of his fiduciary duties and in the tort of deceit.

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Al Sanea v Saad Investments Co Ltd (2012)

Judgment Date: 20 Mar 2012

On the correct interpretation of a put option agreement there was no basis upon which the respondent could be entitled to exercise a put option in respect of shares it did not own.

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Christie, Manson & Woods Ltd v Aurora Fine Arts Investments Ltd (2012)

Judgment Date: 18 Jan 2012

A split trial had not been appropriate where a trial on one of two claims, in relation to the authenticity of a painting sold at auction, might not dispose of the action, the cost of two trials would be much greater and, if there were two trials, there was a risk of inconsistencies in assessment of witness evidence.

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Philip William Howard v John Philip Howard-Lawson (2012)

Judgment Date: 18 Jan 2012

The court interpreted a names and arms clause in a will which required an heir, within one year of becoming entitled, to apply for and endeavour to obtain the Royal Licence or take such other steps to authorise the use and bearing of the name and arms concerned. It determined that if an application for a Royal Licence was made, but not granted within a year, there was no independent obligation to take up the name before the Royal Licence was granted.

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Saad Investments Co Ltd (In Liquidation) v Maan Abdulwahed Abdulmajeed Al-Sanea (2011)

Judgment Date: 14 Oct 2011

The court declined to set aside an order for service out of the jurisdiction of proceedings relating to a put option agreement and made a freezing order in support of the proceedings.

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Philip William Howard v John Howard-Lawson (2011)

Judgment Date: 21 Jan 2011

A name and arms clause in a will, which made a beneficiary's enjoyment of an estate conditional upon the adoption of the testator's surname and upon "applying for and endeavouring to obtain" a royal licence to bear arms, was construed as containing two requirements, namely use of surname and use of arms, both of which had to be independently satisfied if a forfeiture by discontinuance was to be avoided.

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Mohammad Zahoor v Sohail Masood (2009)

Judgment Date: 03 Jul 2009

When considering whether to strike out a claim by reason of the claimant's forgeries and fraudulent evidence, the sole question was whether the claimants had forfeited the right to have an adjudication of their claims; the defendant's conduct was irrelevant.

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Sohail Masood v Mohammad Zahoor (2008)

Judgment Date: 13 Feb 2008

The right of all parties to a fair trial meant that it was appropriate to restrain the defendants from threatening any disciplinary proceedings against a United States lawyer which might inhibit or prevent him from being willing to give evidence in English proceedings in which they were involved.

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South East Asia Metal Ltd (A company incorporated in the BVI) v Mohammed Zahoor (2007)

Judgment Date: 03 Apr 2007

Monies claimed by parties to have been loaned by one party to the other party were not on the evidence so lent by either party so that no liability attached to either party for repayment of any of such monies.

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Members
James Aldridge QC

Practice areas
Commercial Disputes

Sainsbury’s Supermarkets Ltd v Olympia Homes Ltd & Ors (2005)

Judgment Date: 17 Jun 2005

Where an application for first registration of title to a plot of land had been cancelled the subsequent transactions had only transferred an equitable title. Where the ultimate purchaser of the land had at all material times believed that another party was entitled to an option over the land it was unjust not to rectify the register under the Land Registration Act 2002 Sch.4 para.3(2)(b) so as to register the option as an enforceable estate contract.

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Members
James Aldridge QC

Practice areas
Real Estate

Michael Slattery v Moore Stephens (A Firm) (2003)

Judgment Date: 31 Jul 2003

Tax accountants were negligent in failing to advise a client who was resident, but not ordinarily resident, in the UK for tax purposes of the obvious tax mitigation solution of having his employment earnings paid into a Channel Island bank account.

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John McGowan v Michael Chadwick (2002)

Judgment Date: 05 Dec 2002

In sanctioning the commencement of proceedings for breach of equitable and/or fiduciary duty against a court-appointed receiver of a partnership business, the court would only permit the proposed claimant to pursue those losses suffered by him in his capacity as a partner, and not as a disappointed purchaser, of the partnership business.

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