Revenue & Customs Commissioners v Noorasa Begum (Rep. Of The Estate Of Mohammed Uddin) (No 1) (2010)

Judgment Date: 04 May 10

Summary Since there was a clear and principled distinction between freezing injunctions made in respect of proprietary and non-proprietary claims, there was no justification for creating a sub-category of quasi-proprietary claims in considering the scope of exceptions which should be made for the payment of legal costs. Facts The applicant ...

Anna Vinton & 6 ORS v Fladgate Fielder (A Firm) (2010)

Judgment Date: 30 Apr 10

Summary Applications to strike out a claim for damages brought against a firm of solicitors for alleged breach of duty of care in tort and contract and for summary judgment on that claim were refused where the firm had failed to show that there were no reasonable grounds for bringing...

Aviva Life & Pensions UK Ltd v Strand Street Properties Ltd (2010)

Judgment Date: 29 Apr 10

Summary The judge had been entitled to find that the claimant and defendant had agreed to make an equal contribution to professional fees incurred in relation to a commercial development. Facts The appellant (S) appealed against a judgment in favour of the respondent (N). The action related to the development...

Morgan Walker Solicitors LLP v Zurich Professional & Financial Lines (2010)

Judgment Date: 23 Apr 10

Summary A "subject to contract" restriction in an offer to settle was found not to have been lifted either expressly or by implication, and acceptance of the offer was not binding until the parties had signed an arbitration award reflecting the terms of the settlement. Facts The appellant firm of...

Linpac Mouldings Ltd v Aviva Life & Pensions UK Ltd (Formerly Norwich Union Life & Pensions) (2010)

Judgment Date: 22 Apr 10

Summary A tenant of industrial premises had lost its right to exercise a break clause once it had assigned the lease. The lease stated that it could exercise the right only as "the original tenant" Facts The appellants appealed against a decision (Norwich Union Life and Pensions v Linpac Mouldings...

Islamic Investment Company Of The Gulf (Bahamas Ltd) v Mehta & Ors (2010)

Judgment Date: 14 Apr 10

Summary A judge had been entitled to find both that a judgment debtor was in wilful breach of a court order requiring him to disclose his means and that a significant period of committal was justified. Facts The appellant (M) appealed against a finding of contempt and a committal order ((2009)...

In The Matter Of Overnight Ltd (2010)

Judgment Date: 25 Mar 10

Summary It was appropriate for the court to make a separate assessment of the contributions to be made by a company director and by a company secretary to the insolvent company's assets under the Insolvency Act 1986 s.213. Facts The applicant liquidator applied under the Insolvency Act 1986 s.213 for a declaration...

Chasewood Park Residents Ltd v Sabrina Soon Duck Park Kim (2010)

Judgment Date: 24 Mar 10

Summary An order giving judgment for a landlord on its action for arrears of ground rent and service charge payments was set aside in circumstances where the trial judge had, effectively, summarily struck out the tenant's defence as disclosing no reasonable grounds for defending the claim when in fact it...

Sean Lindsay v Jared O’Loughnane (2010)

Judgment Date: 18 Mar 10

Summary The managing director of a company was personally liable in deceit for fraudulent misrepresentations which he had made to a claimant and which had induced the claimant into entering into transactions causing a substantial loss. Facts The claimant (L) brought a claim for damages for deceit against the defendant ...