Alan Wilkinson v Kerdene Ltd (2013)

Judgment Date: 06 Feb 13

Summary The owner of a holiday village was entitled to enforce positive covenants against bungalow owners in the village, requiring them to make payments in respect of the costs of maintaining the roads, car parks, and recreational facilities in the village. The bungalow owners were successors in title to the...

Ebbvale Ltd v Hosking (2013)

Judgment Date: 31 Jan 13

Summary The winding up of a Bahamanian company which had failed to respond to a statutory demand was valid where the company had failed to establish that the petition represented an abuse of the process of the court. The appellant company (E) appealed against an order for its winding-up on...

Andreas Pavledes v Theodoros Hadjisavva (2013)

Judgment Date: 30 Jan 13

Summary There was no need for a claimant to demonstrate an imminent infringement of a legal right before the court would make a declaration concerning the relevant right. The court therefore granted a declaration concerning a claimant's right of light where the defendant had not infringed the right, but had...

Isis Investments Ltd v Oscatello Investments Ltd & Ors (2013)

Judgment Date: 30 Jan 13

Summary The court refused to grant a stay of proceedings on the basis that there were related proceedings in the Isle of Man because the circumstances were not sufficiently rare and compelling. Further, although the proceedings involved an Icelandic credit institution which was subject to an Icelandic insolvency process, there...

Ridgewood Properties Group Ltd v Valero Energy Ltd (2013)

Judgment Date: 30 Jan 13

Summary Transfers of property had not provided for the seller's positive covenants, concerning the grant of leases conditional on the obtaining of planning permission or on the exercise of an option, to be enforceable against the buyer. The covenants were not annexed to the property under the Landlord and Tenant ...

FHR European Ventures LLP v Ramsey Makarious (2013)

Judgment Date: 29 Jan 13

Summary The Court of Appeal reviewed the law applicable to secret profits made by fiduciaries in breach of duty, and considered whether a constructive trust arose in favour of the principal. Facts The appellant investors (F) appealed against a decision ([2011] EWHC 2999 (Ch)) concerning the appropriate remedy against the respondent agent ...

Revenue & Customs Commissioners v Purple Telecom Ltd (2013)

Judgment Date: 24 Jan 13

JSC BTA Bank v Mukhtar Ablyazov (2013)

Judgment Date: 18 Jan 13

Summary A court declared that if Russian enforcement proceedings against a former bank chairman were to conclude that a pledge of shares by him as security in a business transaction had been perfected, then he was in breach of receivership and freezing orders and should use his best endeavours to...

David Fabb v Andrew Peters (2013)

Judgment Date: 18 Jan 13

Summary The court had an inherent jurisdiction to make a civil restraint order against a third party who was controlled by an individual who had persistently made totally without merit applications where that party, still under the individual's control, was either making or issuing, or threatening to make or issue,...