Cases Gabriella McNicholas
Judgment Date: 21 May 2019
A claimant was granted permission to apply for summary judgment even though default judgment was available because the defendants could have engaged with the proceedings and a summary judgment was more readily enforceable. However, the application for summary judgment was a judicial notice and it had not been served in accordance with the Hague Convention on the Service Abroad of Judicial and Extrajudicial documents in Civil or Commercial Matters 1965. There were no exceptional circumstances justifying an order for alternative service.
Judgment Date: 14 Sep 2018
The court struck out a claim by a group of companies that a bank and accountancy firm had purported to support the group through its financial problems but instead conspired to engineer the group's early repayment of its outstanding loan facility where the available evidence did not support the allegations. Further, the group's attempt to amend its claim to add allegations of fraud and deceit constituted new causes of action that were time-barred and had no real prospect of success in any event.
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.