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Cases Jonathan Allcock

(1) Blue Power Group Sarl (2) Blue Wave Co SA (3) Blue Mgmt Ltd v (1) Eni Norge as (2) Eni Spa (3) Eniprogetti Spa (formerly Fecnomare Spa) (2018)

Judgment Date: 20 Dec 2018

Ahead of a breach of contract claim, it would be disproportionate to grant the defendants a Norwich Pharmacal order that the claimants disclose the source of documents in their possession that were potentially covered by the defendants' legal professional privilege. Given that it appeared that the parties had regularly shared such confidential information with each other over a number of years, the defendants' case on wrongdoing was weak, and the claimants were in no better position than the defendants to identify the particular source of any given document.

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Pearson v Primeo Fund (2017)

Judgment Date: 06 Jul 2017

Where a Cayman Islands company had issued redeemable shares and had later been wound up, an investor which had redeemed its shares under the terms of the company's articles, but which had not received payment of the proceeds before the commencement of the winding-up, had redeemed the shares for the purposes of the Companies Law 2007 (Cayman Islands) s.37. The investor thus had priority over other shareholders.

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AB International (HK) Holdings PLC Ltd & AB (Australia) Pty Ltd v AB Clearing Corp Ltd (2015)

Judgment Date: 29 Jul 2015

An application by claimants in arbitral proceedings for urgent interim relief in the form of disclosure of profits made by the defendants in a joint venture would be refused because the claimants had not been pursuing their claim for trading profits in the arbitration but by way of separate Commercial Court proceedings.

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Rawlinson & Hunter Trustees SA v Director of the Serious Fraud Office & Ors (2015)

Judgment Date: 10 Feb 2015

The court considered applications under CPR r.31.22 and r.32.12 for permission for the collateral use of documents disclosed and witness statements served in proceedings arising out of an investigation by the Serious Fraud Office. It observed that the public interest was against the collateral use of documents forming part of a criminal investigation, and it considered the nature of the test to be applied on an application under r.31.22(2) to restore protection against collateral use.

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JSC BTA Bank v Mukhtar Ablyazov & Ors (2014)

Judgment Date: 14 May 2014

A judge had been entitled to order the trial of an issue as to whether a Russian businessman was the beneficial owner of shares in a company for the purposes of freezing and receivership orders made against him.

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Bank of Scotland Plc v Greville Development Co (Midlands) Ltd & 15 Ors (2014)

Judgment Date: 31 Jan 2014

A bank established on the civil standard of proof that its customer, an individual who controlled various companies, had adduced untruthful evidence and had forged documents relating to a legal charge over property. The court also considered what kind of error might fall within a "mistake of a clerical or like nature" in the Land Registration Rules 2003 r.130(2)(a).

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Members
Jonathan Allcock

Practice areas
Real Estate

Bank of Scotland Plc v Greville Development Company (Midlands) Ltd (2013)

Judgment Date: 06 Mar 2013

It was just and convenient in the circumstances to continue a freezing order and permit a claimant to cross-examine the defendant on the disclosure it had given. The claimant had a good and arguable case, and there was the possibility that the defendant's assets would be dissipated if both orders were not made.

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Vanessa Schomberg & Ors v David Taylor & 6 Ors (2013)

Judgment Date: 16 Jan 2013

A court found that the last will and testament of a deceased had been executed as a result of the undue influence of a person whose children were the principal beneficiaries of that will and under which the deceased's step-children were largely disinherited. The court found in favour of the previous will under which the deceased's step-children were equally entitled to the residuary estate.

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Favor Easy Management Ltd, Samuel Tak Lee v Fuk Fei Wu, Favor Easy Management Ltd (2012)

Judgment Date: 21 Nov 2012

A judge had adopted the correct approach when considering the evidence as a whole in determining the intentions of the parties in relation to the disputed beneficial ownership of two commercial properties.

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Wimpole Theatre v JJ Goodman Ltd (2012)

Judgment Date: 15 Jun 2012

On the proper construction of a contract, a company was entitled to payment for procuring the introduction of two companies.

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Bank of Scotland Plc (T/A Halifax) v John Dodd (2012)

Judgment Date: 13 Jun 2012

A suspended sentence of two months' imprisonment was imposed on an individual who had breached a freezing injunction by travelling outside of the jurisdiction and by failing to give up his passport.

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Rukhmin Balgobin v South West Regional Health Authority (2012)

Judgment Date: 10 May 2012

The Privy Council summarised the principles of election and merger of causes of action. The Court of Appeal (Trinidad and Tobago) had been wrong to conclude that by obtaining default judgment against a second defendant, a claimant in a personal injury action had made an unequivocal election which precluded her from proceeding against the first defendant.

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Sectorguard PLC v Dienne PLC : Dienne PLC v Legion Group PLC (2009)

Judgment Date: 03 Nov 2009

An application for the committal of the directors of a company for its failure to comply with an undertaking was struck out as an abuse because on the documentary evidence it had no real prospect of success; the undertaking on which it was based was incapable of performance.

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