Cathal Anthony Lyons v Fox Williams LLP (2018)

Judgment Date: 25 Oct 18

Summary A solicitor instructed to deal with a client's claim under an accident, death and disablement insurance policy had not been under a duty to warn his client about his rights arising out of the same accident under a long-term disability insurance policy which was not covered by the retainer,...

Julia Duval v 11-13 Randolph Crescent Ltd (2018)

Judgment Date: 18 Oct 18

Summary Where several leases covering a block of flats contained an absolute covenant requiring the lessees not to carry out certain actions, and a separate covenant requiring the landlord to enforce the absolute covenant at the request of any other lessee, the landlord would be in breach of the latter...

Courtwood Holdings SA (a company registered & incorporated under the laws of Panama) v Woodley Properties Ltd (a company registered & incorporated under the laws of Jersey) & 10 Ors (2018)

Judgment Date: 09 Oct 18

Summary A company which had contracted with a special purpose vehicle to provide advice regarding land acquisition and planning matters also had a fiduciary duty towards the SPV where the practical reality was that the SPV's directors had no expertise in those matters and were entirely dependent on the advice...

Yuchai Dongte Special Purpose Automobile Company Limited v Suisse Credit Captial (2009) Limited (2018)

Judgment Date: 09 Oct 18

Summary By issuing and sending a letter of credit using the SWIFT network and form MT700, a party had indicated that it was the issuing bank. None of the letter of credit's terms indicated another party was the issuer or the wrong form had been used, and the party's disclaimers...

Reiner v Triplark Ltd (2018)

Judgment Date: 04 Oct 18

Summary A right-to-manage company's failure to give consent to the assignment of a lease did not amount to an unreasonable withholding of consent within the meaning of the Landlord and Tenant Act 1988 s.1 where it had not complied with its obligation under the Commonhold and Leasehold Reform Act 2002 s.98(4) to...

(1) Portland Stone Firms Ltd (2) Stone Firms Ltd (3) Geoffrey Gordon Smith (Trustee Of G King Trust) (4) Timothy Rex Clotworthy (Trustee Of G King Trust) v (1) Barclays Bank Plc (2) KPMG LLP (3) Ian J

Judgment Date: 14 Sep 18

Summary The court struck out a claim by a group of companies that a bank and accountancy firm had purported to support the group through its financial problems but instead conspired to engineer the group's early repayment of its outstanding loan facility where the available evidence did not support the...

United Co Rusal Plc v Crispian Investments Ltd (2018)

Judgment Date: 14 Sep 18

Summary There was no reason to apply any special principles of interpretation to a shareholders' agreement which provided for a right of first refusal in the event of a disposal of shares by one of the investors, notwithstanding that the terms of the agreement in relation to the rights attached...

John David Sheffield v John Julian Lionel George Sheffield & Ors (2018)

Judgment Date: 13 Sep 18

Summary The court considered the proper approach to determining liability for costs where parties had reached a compromise. In particular, in a breach of trust claim where accounts and inquiries had been ordered against the defaulting trustees, the starting point was that the trustees would be ordered to pay the...

(1) Steven John North (2) Peter North v Geoffrey John Wilkinson & 8 Ors (2018)

Judgment Date: 02 Sep 18

Summary There were considerable difficulties in the way of a sole trader creating a trust of a share of his business, but even if it was possible the documents relied on in the instant case did not disclose the necessary intention to create a trust and properly construed imposed merely...