Arla Foods UK plc v Barnes and others [2009] 1 BCLC 699
Judgment Date: 21 Nov 08
Chancery Division trial, breach of contract. Instructed as junior counsel for claimant.
Chancery Division trial, breach of contract. Instructed as junior counsel for claimant.
Summary Where a business understanding had not been contractually formalised, the claimant had failed to make out a case based on proprietary estoppel or a constructive trust as her expectation of an enforceable contract was contingent upon the successful outcome of ongoing negotiations and she had not conferred any advantage...
Summary On the facts, the applicant company was entitled, under the Insolvency Act 1986 s.346(6), to relief from the consequences of s.346(1)(a) so that it could retain the benefit of a charging order over a property which it would otherwise have lost due to the intervening bankruptcy of the property...
Summary An indemnity notice seeking reimbursement of sums payable following repairs to leasehold property had been valid where there had been no requirement that the schedule of repairs ought to have been subjected to critical analysis in order to reduce it to a final proper figure at the indemnity stage....
Summary The term "correspondence" in the European Convention on Human Rights 1950 art.8 was not limited to letters still in the possession of the writer or in the process of transmission, but would be expected to apply to exchanges of letters in whoever's hands they were. Facts The court determined the...
Summary The redevelopment of a property constituted "rebuilding or renewal" within the meaning of a right of entry that accordingly permitted the property owner to enter the adjoining property for the purpose of carrying out the works. Facts The appellant (R) appealed against a decision ((2008) EWHC 21 (Ch), (2008) 12 EG 102) refusing to...
Summary In the circumstances the claimant was entitled to a further fee on the sale of a business, calculated by reference to the increase in consideration between the purchaser's first offer and the sale. Facts The claimant (B) claimed fees said to be due on the disposal by the defendants ...
Summary The terms of the New York Convention 1958 and the Arbitration Act 1996 did not prevent part enforcement of an award in an appropriate case provided the part to be enforced could be ascertained from the face of the award and judgment could be given in the same terms as those...
Summary Interim third party debt orders would not be made final where the third parties' liabilities to the judgment debtor were in reality contingent liabilities or had not yet been quantified so that no debt was due and owing from the third parties. Even if there had been a debt...