Mira Makar v Russell Jones & Walker & Ors (2012)

Judgment Date: 19 Nov 12

Summary A statement of claim was struck out as it did not disclose any claim, or any vestige of a claim, and it was totally without merit. Facts The court was required to consider whether default judgments obtained by the respondent (M) ought to be set aside. Specific applicant defendants ...

HSH Nordbank AG v Saad Air (2012)

Judgment Date: 13 Nov 12

Summary The interests of justice required a creditor, which had obtained security over aircraft in Swiss proceedings, to be permitted to obtain copies of the evidence filed on an application for summary judgment by a mortgagee of the aircraft which claimed to be entitled to declarations that its mortgages had...

JSC BTA Bank v Mukhtar Ablyazov (6 November 2012)

Judgment Date: 06 Nov 12

Summary There was no authority for the proposition that a full hearing on the merits was required in circumstances where a litigant had forfeited his right to a full trial by his own conduct of the litigation. The judge had been entitled to make orders whereby the appellant would be...

Catholic Care (Diocese of Leeds) v Charity Commission For England & Wales (2012)

Judgment Date: 02 Nov 12

Summary A Roman Catholic charity failed to show that there were weighty and convincing reasons which justified a change to its memorandum of association to enable it to lawfully continue a discriminatory practice under the exemption in the Equality Act 2010 s.193 so that it could restrict its adoption services to...

Andrew Scott Walby, Richard Scott Walby v Malcolm Scott Walby, Laura Scott Walby (2012)

Judgment Date: 02 Nov 12

Summary There were no grounds on which to imply into a transfer of part of farming land and buildings an easement of drainage in favour of the retained land, either on the basis of necessity, mutual benefit or to give effect to any intention as to the particular use of...

JSC BTA Bank v Mukhtar Ablyazov & Ors (1 November 2012)

Judgment Date: 01 Nov 12

Summary A fair-minded observer would not conclude that there was a real possibility that a judge, who had made findings adverse to the first defendant when finding that he was in contempt of court, would be biased when deciding the issues at trial. In any event, the first defendant had...

Carmen Curati v Sylvana & Roberto Perdoni (2012)

Judgment Date: 31 Oct 12

Summary Where an Italian national domiciled in England made two wills, an earlier one in England and a later one in Italy, the former prevailed where the latter did not revoke it. That result was primarily because of the deceased's domicile, which rendered Italian law irrelevant. However, although different, the...

Eurofinance SA & Ors v Rubin & Anor (2012)

Judgment Date: 24 Oct 12

Summary The "Dicey rule", arising from the operation of common law and the Foreign Judgments (Reciprocal Enforcement) Act 1933, applied to foreign judgments in avoidance proceedings in insolvency. Facts In conjoined appeals brought by the appellants (E and G) against decisions of the Court of Appeal (Rubin v Eurofinance SA [2010] EWCA...

Fanfare Properties Ltd, Trevor Spiro v Grafton Estate No.2 LP (Nominee One) Ltd & Ors (2012)

Judgment Date: 22 Oct 12

Summary Where a deed permitted the owner of a building to enter upon a neighbouring property to install windows, that did not permit the erection of scaffolding on the neighbouring land in order to take down a wall and replace it with glass panels. That was not changed by describing...