Reiner v Triplark Ltd (2017)

Judgment Date: 06 Jan 17

Summary An underlessee who had sold her flat and removed all her belongings from it was in breach of a covenant not to part with possession of the flat without the lessor's prior written consent. Such consent had not been unreasonably withheld as the purchaser of the property was also...

(1) Koza Ltd (2) Hamdi Akin Ipek v Mustafa Akcil & 5 ors (2016)

Judgment Date: 21 Dec 16

Summary The High Court determined that it had jurisdiction to hear a claim brought by an English company against its Turkish parent concerning the validity of amendments to its articles of association and of notices served by the parent under the Companies Act 2006 s.303 and s.305. The claim fell within...

JJ Coughlan Ltd & Ors v Charterhouse (Accountants) LLP (Defendant) & Michael Sherry (Third Party) (2016)

Judgment Date: 20 Dec 16

Summary In a negligence claim against accountants arising from the recommendation of tax-avoidance schemes in 2001 and 2003, it would not be appropriate, subject to one exception, to allow the claimants to amend the particulars of claim. The new allegations represented new claims and did not arise out of the same or...

(1) Blue Tropic Ltd (2) Coppella Ventures Ltd v Ivane Chkhartishvili (2016)

Judgment Date: 09 Dec 16

Summary An amendment to a claim brought under the Civil Code (Georgia) art.992 introduced a new allegation of unlawful conduct through personal dishonesty. The unlawfulness originally pleaded did not involve personal dishonesty, so, for the purposes of the Limitation Act 1980 s.35, the amendment constituted a new cause of action that...

Elmfield Road Ltd v Trillium Property GP Ltd (2016)

Judgment Date: 08 Dec 16

Summary The court ruled on the proper interpretation of a rent review clause which provided for the rent to be reviewed by reference to the Retail Prices Index rather than by reference to market rents. Facts The court was asked to rule on the proper interpretation of a rent review...

Cepia HK Ltd v Character Group Plc (2016)

Judgment Date: 08 Dec 16

Summary A share option agreement between a Hong Kong toy manufacturer and a UK distributor was expressed to be conditional upon the distribution arrangements between the parties continuing up to the date on which the option was exercised. The manufacturer's action in rescinding the distributor's invitation to a toy fair...

Matchmove Ltd v (1) Mark Dowding (2) Jane Church (2016)

Judgment Date: 07 Dec 16

Summary An oral agreement for the sale of land was held to be enforceable in equity under a constructive trust despite not being evidenced in writing where both parties had considered it to be immediately binding upon them, and where the prospective buyer had then acted to his detriment in...

Holyoake v Candy & 5 Ors (2016)

Judgment Date: 29 Nov 16

Summary The court considered the circumstances in which a defendant who had withdrawn a security for costs application might be entitled to make a second application without giving rise to abuse of process. It also indicated that where a security for costs application was withdrawn by consent, a defendant did...

Desmond Gunewardena v Conran Holdings Ltd (2016)

Judgment Date: 22 Nov 16

Summary If members of a company amended its articles of association by special resolution, but filed an incorrect version of the articles at Companies House, that did not affect the validity of the amended articles. Their status did not depend on registration. Facts The claimant challenged the exercise of pre-emption...