Honda Motor Europe Ltd & Ors v Tony Powell & Ors - UK Pension Scheme Ltd (2013)

Judgment Date: 17 Oct 13

Summary The court ruled on the proper interpretation of a deed affecting employees' entitlements under an occupational pension scheme. Facts The claimants (H1 and H2), being companies within the Honda group, sought a declaration concerning the proper interpretation of a deed relating to the group's United Kingdom pension scheme. H1...

Iain Lawrie Shearer & Ors v Spring Capital Ltd & Ors (2013)

Judgment Date: 17 Oct 13

Summary The court refused to grant summary judgment in a claim by two borrowers for an order requiring their lender to release and discharge a number of securities for loans. The case raised serious triable issues concerning the validity of the tender of an outstanding sum where a borrower had...

John Green & Paul Rowley v Royal Bank of Scotland Plc (2013)

Judgment Date: 09 Oct 13

Summary The existence of an action for breach of statutory duty consequent on the contravention by a bank of the Conduct of Business Rules did not give rise to a co-extensive common law duty of care. Facts The appellants (C) appealed against a decision ([2012] EWHC 3661 (QB)] dismissing their claim against...

Euromex Ventures Ltd & Ors v BNP Paribas Real Estate Advisory & Property Management UK Ltd (2013)

Judgment Date: 09 Oct 13

Summary A claim that liquidators had converted assets belonging to the claimants failed because the claimants could not establish ownership. One of the claimants had also made representations that the assets belonged to a separate company and was therefore estopped from resiling from that position, and the liquidators were protected...

Erste Group Bank AG (London) v JSC (VMZ Red October) & Ors (2013)

Judgment Date: 03 Oct 13

Summary It had been appropriate to permit service of proceedings alleging unlawful means conspiracy on defendants outside the jurisdiction in Russia as there was a serious issue to be tried, the relevant requirements of CPR PD 6B para.3.1 were met, and the claimant had demonstrated that England was the appropriate...

Parvalorem v Olivera & Ors (2013)

Judgment Date: 02 Oct 13

Summary An interim freezing injunction over assets in England in aid of a Portuguese order should not contain an exception to allow payments in the ordinary course of business, since the court was prepared to infer that there were sufficient free assets elsewhere out of which those payments could be...

Michael Vincent Parkin v Alba Proteins Ltd & Ors (2013)

Judgment Date: 13 Sep 13

Summary The court determined the costs arising out of a largely successful nuisance claim against three companies. Facts The court was required to determine the costs arising out of the nuisance claim brought by the claimants (C) against the defendant companies (D1, D2 and D3). C had alleged a long-standing...

E-Clear (UK) Plc v Elias Elia & Ors (2013)

Judgment Date: 06 Sep 13

Summary Without a trial, a judge could not have been sufficiently certain that a company had been insolvent when payments for the benefit of a director had been made; a declaration of beneficial ownership of a property made on an application for summary judgment was overturned. Facts The appellant (R3)...

Blada Ltd (In Liquidation) v Revenue & Customs Commissioners (2013)

Judgment Date: 28 Aug 13

Summary The Upper Tribunal (Tax and Chancery Chamber) had the power to make a direction for security for costs in an appeal from the First-tier Tribunal (Tax Chamber). Facts The applicant commissioners sought security for their costs in an appeal brought by the respondent (B), a company in liquidation, against...