Car Park Services Ltd v Bywater Capital Ltd

Judgment Date: 03 May 18

Summary This case is very important in Northern Ireland because there is no contracting out of their business tenancy legislation, so the question of whether an agreement creates a lease or a licence is critical. The case is also important for the law of England and Wales because the distinction...

(1) Ropemaker Properties Ltd (2) Churchmanor Estates Co Plc v (1) Bella Italia Restaurants Ltd (2) Casual Dining Ltd (2018)

Judgment Date: 02 May 18

Summary An agreement for lease relating to a retail unit had not been validly terminated by the tenant. As the conditions to which the agreement was subject had been satisfied, the tenant was bound by the agreement. Facts The court had to decide whether an agreement for lease (the agreement)...

Bermondsey Exchange Freeholders Ltd v Ninos Koumetto (As Trustee In Bankruptcy Of Kevin Geoghehan Conway) (2018)

Judgment Date: 01 May 18

Summary A long leaseholder had breached the terms of his lease by underletting his flat for holiday lets via online platforms such as Airbnb. An injunction preventing such use was upheld. Facts The defendant leaseholder appealed against an injunction preventing him from letting out his flat on short-term lets through...

(1) Investec Trust (Guernsey) Ltd (2) Bayeux Trustees Ltd v (1) Glenalla Properties Ltd (2) Thorson Investments Ltd (3) Eliza Ltd (4) Oscatello Investment Ltd (5) Rawlinson & Hunter Trustees SA (2018)

Judgment Date: 23 Apr 18

Summary The board considered points of general public importance concerning the interpretation of the Trusts (Jersey) Law 1984 art.32 and art.26(2) and the relevant rules of private international law of Guernsey when determining issues arising from the administration of a Jersey discretionary trust. Facts In conjoined appeals from the Guernsey Court...

Lindsey Joseph v LEBC Group Ltd (2018)

Judgment Date: 20 Apr 18

Summary Applications for summary judgment and to strike out a claim for breach of an agreement on the basis that a valuer had not accurately valued a bonus payment were dismissed where there was a possibility that a higher valuation might have been made had the valuer had complete and...

The Wellcome Trust Ltd v Soni & Ors (2018)

Judgment Date: 20 Apr 18

Summary A freeholder who was entitled to the forfeiture of the lease on a flat was granted a writ of restitution in respect of a writ of possession which had been stayed on the application of defendants who had failed to attend court on numerous occasions, were using the court's...

(1) JSC BTA Bank (2) BTA Securities JSC v Turkiye Vakiflar Bankasi Tao (2018)

Judgment Date: 17 Apr 18

Summary In proceedings between a Turkish bank and a Kazakhstan bank relating to the enforcement of a guarantee governed by Turkish law, an order granting permission to serve outside the jurisdiction was set aside on the basis that the claimant had submitted to the jurisdiction of the Turkish courts by...

Instant Access Properties Ltd (in liquidation) v Bradley John Rosser & 6 Ors (2018)

Judgment Date: 13 Apr 18

Summary Although a shadow director might be liable for breach of fiduciary duty to the company, he would not be liable for any loss arising from breach of that duty where a de jure director, on the same facts, would have been relieved of duty under the Companies Act 1985 s.727...

Amt Futures Ltd v (1) Karim Boural (2) Kurt Gruber (3) Gerlinde Kolleger (4) Peter Dietrich (5) Wolfgang Karbstein (2018)

Judgment Date: 12 Apr 18

Summary On its proper interpretation, a standard form clause in a contract which conferred exclusive jurisdiction on the English courts obliged the parties not to begin, or continue, any relevant proceedings in any forum other than the English court. The continuation of proceedings begun elsewhere would, on the face of...