Summary The Court of Appeal of the Eastern Caribbean Supreme Court has dismissed an appeal against the discharge of a Black Swan freezing injunction for want of jurisdiction over the second respondent, Dr Cho. In doing so, the Court of Appeal affirmed the applicability of the Privy Council’s judgment...

Summary The court declined to exercise its discretion under CPR r.3.1(7) to reconsider or vary various orders concerning the failure of a party in relation to information and pleadings, as the discovery of an order made in another jurisdiction was not a material change of circumstances and there had been...

Summary The court considered the principles upon which a costs order might be made against a third party where it was said that he was the driving force behind the litigation, and further considered whether it was appropriate to make an order for costs against a trustee company which was...

Summary Summary judgment was granted on a claim to enforce a personal guarantee in respect of a loan secured on a property where an assurance relied on by the guarantor, that the guarantee would not be enforced unless there was a shortfall after the property was sold, was not a...

Summary A claim brought by insolvent companies against a bank and its subsidiary for dishonest assistance and knowing participation in fraudulent trading, via the actions of its traders, was established where the evidence showed that the traders, contrary to their evidence, had been aware at all times that VAT was...

Summary Michael Gibbon QC (leading James Rivett QC of Pump Court Tax Chambers) has appeared for HMRC in an important test-case central aspects of the loan relationships code, in particular the “fairly represents” provision, and the proper treatment of exchange gains and losses. Facts Three companies in the Smith & Nephew...

Summary Thomas Grant QC and Ryan Turner have successfully resisted an application to strike out claims in fraudulent misrepresentation and unlawful means conspiracy on the basis that the proceedings were an abuse of process in a Henderson v Henderson sense. For parties to a civil action involving fraud, the judgment...

Summary The Insolvency and Companies Court provided guidance on the purpose of applications for public examination under s.133 of the Insolvency Act 1986, the extent of the Court’s extraterritorial jurisdiction, the role of the Court on an application for directions and the role that the creditor requesting the examination plays...