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Cases Commercial Disputes

Cheltenham Borough Council v Christine Susan Laird (2009)

Judgment Date: 15 Jun 2009

John Dagnall appeared for Christine Laird who was employed as Chief Executive of Cheltenham Borough Council from 2002 until August 2005 when her employment terminated as a result of ill-health depression. Subsequently she was sued in misrepresentation with the employer alleging that she had fraudulently, and if not then negligently, made misrepresentations in a Medical Questionnaire.

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Practice areas
Commercial Disputes

Issac Bruce Hayim, Ian James Pringle, Jill Mary Ross v Jeanne Regina Couch (2009)

Judgment Date: 15 May 2009

The court acceded to a request to grant declarations of right, in terms agreed by the parties, that two transfers of shares in a company were, and always had been, void on the basis that the transferor lacked the necessary mental capacity to make them.

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Members
Adam Smith

Practice areas
Commercial Disputes

Daad Sharab v HRH Prince Al-Waleed Bin Talal Bin Abdal-Aziz-Al-Saud (2009)

Judgment Date: 30 Apr 2009

Although the Court of Appeal's discretion to receive fresh evidence applied to the acceptance of an undertaking, it declined an undertaking offered by a party challenging jurisdiction to submit to the jurisdiction of a foreign court. To accept the undertaking would produce a different situation to that considered at first instance, meaning that the court would effectively be exercising the judge's discretion afresh rather than reviewing it.

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Colour Quest v Total Downstream [2009]

Judgment Date: 20 Mar 2009

As a matter of fact companies in the Total group had control of tank filling operations at the part of the Buncefield oil storage depot where an explosion occurred and were vicariously liable for the careless tank filling activities of their employees. One of the causes of the explosion was the failure to promulgate an adequate system to prevent overfilling of a tank.

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Menolly v Cerep Sarl (2009)

Judgment Date: 18 Mar 2009

On the true interpretation of a building contract the provision of "level access" to retail units was included in the works as defined, and a certificate of practical completion given on the basis that such provision was not within the works was invalid; it was not within the authority of the employer's representative to certify practical completion on the basis of his own view of the meaning of the building contract.

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Vadim Lediaev v Dimitry Vallen (2009)

Judgment Date: 05 Mar 2009

An agreement to use best endeavours to recover certain funds by litigation or otherwise was not on the face of it an illegal contract since it did not require an unqualified person to act in contravention of the Solicitors Act 1974 s.22.

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Members

Practice areas
Commercial Disputes

NML Capital Ltd v The Republic of Argentina (2009)

Judgment Date: 29 Jan 2009

Where the question of sovereign immunity was addressed on an application for an order granting permission to serve out of the jurisdiction on a foreign state, but on the basis of a mistaken legal analysis, the court had a discretion to set aside the order, even where the mistake was an innocent one, but was not bound to do so where on a correct legal analysis the state was not in fact immune from suit. Civil Jurisdiction and Judgments Act 1982 s.31 dealt comprehensively with the recognition and enforcement of the judgments of foreign courts against states, as to both jurisdictional immunity and enforcement.

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Members
Benjamin John

Practice areas
Commercial Disputes

Hageman v Holmes (2009)

Judgment Date: 21 Jan 2009

A deed of covenant which gave the claimant a contractual right to receive a share of the proceeds of sale of the defendant's shares in a company did not create a trust over, or a fiduciary duty in relation to, the shares in the claimant's favour.

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Practice areas
Commercial Disputes

St Ivel Ltd & Uniq Prepared Foods Ltd v Wincanton Group Ltd (200

Judgment Date: 26 Nov 2008

On a proper construction of an agreement, which required a supplier of warehouse services to give credit to the user for additional business secured by the supplier in order to utilise spare capacity, the additional business did not include business conducted from an extension to the warehouse.

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Progress Property Co Ltd v Tradegro (UK) Ltd (2008)

Judgment Date: 05 Nov 2008

An indemnity notice seeking reimbursement of sums payable following repairs to leasehold property had been valid where there had been no requirement that the schedule of repairs ought to have been subjected to critical analysis in order to reduce it to a final proper figure at the indemnity stage. However, it was not appropriate to determine summarily whether a counter-indemnity notice was also sufficient and therefore valid, and that matter would remain to be determined at trial.

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BexBes LLP v Michael George Christopher Beer, Jane Susan Beer (2008)

Judgment Date: 28 Oct 2008

In the circumstances the claimant was entitled to a further fee on the sale of a business, calculated by reference to the increase in consideration between the purchaser's first offer and the sale.

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Members

Practice areas
Commercial Disputes

Nigerian National Petroleum Corporation v IPCO (Nigeria) Ltd (2008)

Judgment Date: 21 Oct 2008

The terms of the New York Convention 1958 and the Arbitration Act 1996 did not prevent part enforcement of an award in an appropriate case provided the part to be enforced could be ascertained from the face of the award and judgment could be given in the same terms as those in the award.

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Secretary of State for Business Enterprise & Regulatory Reform v Aaron (2008)

Judgment Date: 16 Oct 2008

In director disqualification proceedings, whether brought under s.8 or under s.7 for an order under s.6 of the Company Directors Disqualification Act 1986, there was an implied exception to the strict rules of evidence on hearsay evidence, opinion evidence and the rule in Hollington v Hewthorn.

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Progress Property Co Ltd v Cornus Moore (2008)

Judgment Date: 15 Oct 2008

A company director had not been in breach of his fiduciary duty or his duty of skill and care in procuring the sale of shares in a group company and approving the price where he had intended the transaction to be at market value and the shareholders of the vendor company had assented to the transaction.

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Chantry Estates (South East) Ltd v Anderson & Anor (2008)

Judgment Date: 03 Oct 2008

A property development company was entitled to summary judgment for specific performance of a contract containing an option to buy freehold property when it had not been possible to say that the contract required an implied obligation or limitation to make it work.

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Daad Sharab v HRH Prince Al-Waleed Bin Talal Bin Abdal-Aziz-Al-Saud (2008)

Judgment Date: 31 Jul 2008

The forum of England and Wales was the forum in which a case could most suitably be tried in the interests of the parties and the ends of justice and it had been appropriate for a judge to grant ex parte permission for a claim form to be served outside the jurisdiction.

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The General Trading Company (Holdings) Ltd v Richmond Corporation Ltd (2008)

Judgment Date: 03 Jul 2008

The buyer of a business had not been entitled to cancel certain loan notes on the ground of the seller's failure to procure the provision of loan guarantees because the non-provision was the result of the buyer's own failure to serve a contractual notice and not the result of the seller's breach of contract.

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Chilli Developments Ltd v Commission for the New Towns (2008)

Judgment Date: 18 Jun 2008

The Commission for the New Towns had not breached exclusivity agreements with a development company concerning the redevelopment of docks and neither the commission nor an associated urban regeneration body had acted in bad faith throughout the negotiations or during the lifetime of the agreements.

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Practice areas
Commercial Disputes

Photolibrary Group Ltd & Ors v Burda Senator Verlag GMBH (2008)

Judgment Date: 18 Jun 2008

On the evidence, it was clear that a contract for the supply of analogue photographic transparencies incorporated the terms of the delivery notes. The delivery notes provided that loss fees were payable in the event of loss and there was an established course of dealing to show that the defendants had accepted the terms, even though they had not signed the delivery notes.

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Members

Thomas Munby

Practice areas
Commercial Disputes

IIG Capital LLC v Van der Merwe (2008)

Judgment Date: 22 May 2008

There were sufficient indications in the wording of a guarantee of the borrower's obligations in a loan agreement to displace the strong presumption against giving the words "on demand" in a guarantee the effect of creating an independent primary obligation outside a banking context.

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