IIG Capital LLC v Van der Merwe (2008)

Judgment Date: 22 May 08

Summary There were sufficient indications in the wording of a guarantee of the borrower's obligations in a loan agreement to displace the strong presumption against giving the words "on demand" in a guarantee the effect of creating an independent primary obligation outside a banking context. Facts The appellants (V) appealed...

Dodds v West Register (Public Houses III) Ltd (2008)

Judgment Date: 19 May 08

Secretary of State for Business, Enterprise & Regulatory Reform v Amway (UK) Ltd (2008)

Judgment Date: 14 May 08

Summary Where a company which the secretary of state sought to wind up in the public interest had revised its business model and gave undertakings as to its future conduct a winding-up order was disproportionate. Facts The petitioner secretary of state presented a petition for the winding-up of the respondent...

Gregson v HAE Trustees Ltd (2008)

Judgment Date: 08 May 08

Summary The claims that a trust company had against its directors for various breaches of duty could not, in the circumstances, be transposed to the beneficiary under that trust to pursue in her own right so her claim was struck out. Facts The first applicant company (H) and second to...

4 ENG LTD v (1) Roger Harper (2) Barry Alexander Simpson (2008)

Judgment Date: 29 Apr 08

Summary Damages for loss of the chance to purchase an alternative company, if caused by a defendant's fraudulent misrepresentation and a claimant's reliance on it, were recoverable in an action for deceit, and the foreseeability of such a head of loss was irrelevant. Facts The court was required to assess...

Secretary of State for Business Enterprise and Regulatory Reform v Aaron (2008)

Judgment Date: 22 Apr 08

Summary The defendants were all directors of a company which operated as an independent financial adviser. The company was regulated by the Personal Investment Authority until the end of November 2001 and thereafter by the Financial Services Authority (FSA). In June 2003, the FSA commenced an investigation into the activities of the...

Barclays Bank PLC v Gatpaham Properties Ltd (2008)

Judgment Date: 18 Apr 08

Summary A claimant bank, which made loan agreements secured against residential properties let on assured shorthold tenancies and subject to legal charges, was entitled to demand immediate repayment of the loans and to appoint receivers after the defendant borrowers defaulted on various terms of the agreements. Facts The claimant bank ...

Apvodedo NV v Terry Collins (2008)

Judgment Date: 17 Apr 08

Summary It was not within the purview of the court, hearing a case on an application for summary judgment, to determine complex questions of law and fact arising out of the construction of a contractual clause contained in an exclusivity agreement; the case necessitated a trial whereby all the evidence...