Wirsol Energy Ltd v Toucan Energy Holdings Ltd (2018)

Judgment Date: 06 Dec 18

Summary A claimant was entitled to its costs leading up to the withdrawal of its summary judgment application as it had been reasonable to make the application on the basis of the original three grounds of defence. Costs that accrued following abandonment of those defences and the raising of a...

Julian Cohen v Stobart Holdings Ltd (2018)

Judgment Date: 05 Dec 18

Summary A company failed to obtain summary judgment or to strike out a claim against it for commission for introducing a purchaser of two aircraft. Whilst the claim as formulated needed to be reviewed, potentially to join further defendants, it had a realistic prospect of success. Facts The defendant company ...

Alexander Devine Children’s Cancer Trust v (1) Millgate Developments Ltd (2) Housing Solutions Ltd (2018)

Judgment Date: 28 Nov 18

Summary The guidance given by Lord Sumption in Coventry (t/a RDC Promotions) v Lawrence [2014] UKSC 13, a nuisance case in which an injunction was claimed to restrain noise created by a use authorised by planning permission, was not appropriate guidance in a determination of whether upholding a restrictive covenant was...

Roger Moore v Stephen Moore (2018)

Judgment Date: 27 Nov 18

Summary Where a son had established his entitlement by way of proprietary estoppel to his father's share in the assets and business of a farm they had previously run as a partnership, the court gave guidance on how the son's equity should be satisfied. Although it was possible to adopt...

UBS AG v (1) Rose Capital Ventures Ltd (2) Vijay Mallya (3) Lalitha Mallya (4) Sidartha Vijay Mallya (2018)

Judgment Date: 21 Nov 18

Summary A loan agreement that gave the mortgagee an "absolute discretion" to require repayment on three months' notice was not subject to an implied term that it be exercised rationally in accordance with Braganza v BP Shipping Ltd [2015] UKSC 17. The fact that a duty of good faith arose by reason...

Lee Victor Addlesee & Ors v Dentons Europe LLP (2018)

Judgment Date: 13 Nov 18

Summary Documents in client files held by the defendant solicitors in respect of a dissolved Cypriot company were protected by legal professional privilege where many years remained in which an application to restore the company to the register could be made. The policy considerations underlying the principle "once privileged, always...

(1) Sheikh Mohamed Bin Issa Al Jaber (2) MBI & Partners UK Ltd (3) JJW Hotels & Resorts Ltd v (1) Amjad Elias Salfiti (2) Basem Bosheh (2018)

Judgment Date: 02 Nov 18

Summary A worldwide freezing injunction obtained without notice was discharged for failure to comply with the duty of full and frank disclosure. In any event the claimants had failed to show a good arguable case against the defendants or a risk of dissipation. Facts The defendants applied for the discharge...

(1) Recovery Partners GB Ltd (2) Revoker LLP v Irakli Rukhadze & 8 Ors (2018)

Judgment Date: 01 Nov 18

Summary The court discussed the circumstances in which fiduciary duties could arise in the context of a claim for breach of fiduciary duty arising from a dispute concerning plans to take advantage of a business opportunity to recover the assets of a deceased wealthy businessman. In particular, the court examined...

Charity Commission for England and Wales v Cambridge Islamic College (2018)

Judgment Date: 26 Oct 18

Summary When determining whether a registered charity's name was "too like" another registered charity's name for the purposes of the Charities Act 2011 s.42(2)(a)(ii), the words "too like" were to be given their ordinary meaning; that was a broad and open-ended meaning rather than one that focused entirely on...