Chief Land Registrar v Leonard Stuart Silkstone (2011)

Judgment Date: 14 Jul 11

Summary The adjudicator to HM Land Registry had discretion to grant or refuse a party's application to withdraw from a reference under the Land Registration Act 2002 s.73(7) upon such terms as he considered just. However, a party could not bring the reference to an end by unilateral withdrawal. Facts The...

Munib Masri v Consolidated Contractors International Co SAL & 6 Ors (2011)

Judgment Date: 13 Jul 11

Summary Proceedings in England and Greece did not involve the same cause of action for the purposes of Regulation 44/2001 art.27 but they were related proceedings giving rise to a risk of irreconcilable judgments within art.28 and the proper course was to stay the English action. Facts The applicants applied for...

Trevor Horn, Carlo Dinardo & Rowanmoor Trustees Ltd v Commercial Acceptance Ltd (2011)

Judgment Date: 08 Jul 11

Summary In the circumstances and on the proper interpretation of the loan agreement between the parties the claimant investors were entitled to recover their contribution in full. Facts The claimants (T) sought relief in respect of a loan agreement under which the borrowers failed to make repayment and the security...

Berezovsky v Hine & Ors (2011)

Judgment Date: 07 Jul 11

Summary The court granted an order striking out a new statement of case lodged on behalf of the claimant in Commercial Court proceedings. Facts The defendant (R) in Commercial Court proceedings known as "the Abramovich action" applied to strike out various parts of a new statement of case lodged on...

NML Capital Ltd v Argentina (2011)

Judgment Date: 06 Jul 11

Summary Under the Civil Jurisdiction and Judgments Act 1982 s.31, a state did not enjoy immunity in respect of proceedings to enforce a foreign judgment against it where the normal conditions for recognition of judgments were fulfilled and the state would not have been immune had the foreign proceedings been brought...

Tetra Pak Limited v Oracle Corporation UK Limited (2011)

Judgment Date: 01 Jul 11

Summary An application for an interim injunction preventing a lessor from blocking vehicular access to the front of office premises was refused where there were significant safety concerns for pedestrians, and an alternative means of vehicular access to the premises, although less visually attractive, was available. Facts The claimant lessee ...

HMV UK Ltd v Retail Plus General Partner Ltd (2011)

Judgment Date: 30 Jun 11

Summary Contested business tenancy renewal, particularly as regards landlord's redevelopment break rights.

In The Matter Of Frontsouth (Witham) Ltd (In Administration) (2011)

Judgment Date: 30 Jun 11

Summary The Insolvency Rules 1986 r.7.55 could not be used to cure a fundamental defect in the appointment of administrators such as a failure to obtain the consents required by statute for the extension of the appointment. Facts The court determined applications concerning the administration of a company (F) and its...

Justin Oliver Zinda v Bank of Scotland Plc (2011)

Judgment Date: 23 Jun 11

Summary Where a possession order had been suspended on the condition the mortgagor paid a monthly amount to clear his arrears as well as his current mortgage a judge was right to refuse an application to suspend the enforcement of the possession order when the mortgagor, who had consolidated his...