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Cases Duncan McCombe

(1) Alan Clark (2) LBDL Ltd (In Liquidation) v (1) Alexandre Meerson (2) Marie Antoinette Meerson (2018)

Judgment Date: 03 Apr 2018

In determining the scope of a pre-action settlement agreement that purported to settle "the whole of the claim" where a liquidator had raised a number of disputes against the owners of the company in liquidation, it was appropriate to consider the correspondence leading up to the pre-action offer to establish which issues "the whole of the claim" could properly be understood to encompass.

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Exportadora De Sal S.A. De C.V. v Corretaje Maritimo Sud-Americano Inc (2018)

Judgment Date: 09 Feb 2018

In relation to a shipbuilding contract entered into by a Mexican buyer and governed by English law, a decree made in Mexico that the tender process leading to the contract was a nullity did not deprive an arbitrator who had determined a dispute in the seller's favour of substantive jurisdiction

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(1) TCG Pubs Ltd (In Administration) & Ors v The Master & Wardens or Governors of the Art of Mystery of the Girdlers of London (2017)

Judgment Date: 10 Apr 2017

Under the terms of a lease, a landlord's buy-back option had to be triggered by a formal grant, and a letter containing an offer to sell the residue of the lease to the landlord did not suffice.

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Smith (Personal Representative of Hugh Smith (Deceased) & Ors v Molyneaux (2016)

Judgment Date: 21 Nov 2016

In a possession claim relating to a shack in which adverse possession was raised as a defence, the first-instance judge had been entitled to find that the defendant had occupied the shack with the claimant owners' permission, so that adverse possession did not apply.

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GBM Minerals Engineering Consultants Ltd v GBM Minerals Holdings Ltd (2015)

Judgment Date: 21 Oct 2015

The court granted a claimant and a defendant permission to amend their pleadings seven weeks before trial. It emphasised that the circumstances of their case, involving alleged dishonesty and permission to issue proceedings for contempt, were almost unique. Trial dates set down in the Technology and Construction Court would very rarely be vacated, and only on the most compelling grounds.

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Members
Duncan McCombe

Practice areas
Commercial Disputes

(1) Skelwith (Leisure) Ltd (2) Paul Ellis (3) Darren Broadbent v Alan Armstrong & 6 Ors (2015)

Judgment Date: 08 Oct 2015

The court examined the meaning of "owner's powers in relation to a registered estate or charge" in the Land Registration Act 2002 s.23 and s.24. Although "owner's powers" in s.24 extended to a power of sale of charged land by an equitable assignee of the charge, the section did not mean that an equitable assignee's powers were automatically the same as those of the registered proprietor. The distinction between legal and beneficial ownership continued to matter, and somebody lacking legal ownership could only exercise the powers conferred on a registered owner if the statute or instrument conferring it expressly permitted it.

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Skelwith Leisure Ltd v Armstrong (2015)

Judgment Date: 08 Oct 2015

The court examined the meaning of "owner's powers in relation to a registered estate or charge" in the Land Registration Act 2002 s.23 ands.24. Although "owner's powers" in s.24 extended to a power of sale of charged land by an equitable assignee of the charge, the section did not mean that an equitable assignee's powers were automatically the same as those of the registered proprietor. The distinction between legal and beneficial ownership continued to matter, and somebody lacking legal ownership could only exercise the powers conferred on a registered owner if the statute or instrument conferring it expressly permitted it.

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Choudhury v Stepney Shahjalal Mosque and Cultural Centre Ltd (2015)

Judgment Date: 12 Feb 2015

Proceedings concerning the trustees of a company limited by guarantee that was a registered charity were charity proceedings under the Charities Act 2011 s.115(2) that required permission from the Charity Commission or the court. The proceedings were stayed and an interim injunction preventing a trustee election was continued pending a decision on permission.

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FHR European Ventures LLP & Ors v Cedar Capital Partners LLC (2014)

Judgment Date: 09 Jul 2014

Where an agent received a bribe or secret commission in breach of his fiduciary duty to his principal, he held that bribe or secret commission on trust for his principal, meaning that the principal had a proprietary claim to it.

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