Summary Summary judgment was granted on a claim to enforce a personal guarantee in respect of a loan secured on a property where an assurance relied on by the guarantor, that the guarantee would not be enforced unless there was a shortfall after the property was sold, was not a...
Summary A claim brought by insolvent companies against a bank and its subsidiary for dishonest assistance and knowing participation in fraudulent trading, via the actions of its traders, was established where the evidence showed that the traders, contrary to their evidence, had been aware at all times that VAT was...
Summary Michael Gibbon QC (leading James Rivett QC of Pump Court Tax Chambers) has appeared for HMRC in an important test-case central aspects of the loan relationships code, in particular the “fairly represents” provision, and the proper treatment of exchange gains and losses. Facts Three companies in the Smith & Nephew...
Summary Thomas Grant QC and Ryan Turner have successfully resisted an application to strike out claims in fraudulent misrepresentation and unlawful means conspiracy on the basis that the proceedings were an abuse of process in a Henderson v Henderson sense. For parties to a civil action involving fraud, the judgment...
Summary The Insolvency and Companies Court provided guidance on the purpose of applications for public examination under s.133 of the Insolvency Act 1986, the extent of the Court’s extraterritorial jurisdiction, the role of the Court on an application for directions and the role that the creditor requesting the examination plays...
Summary The Court of Appeal has provided authoritative guidance on the abuse of process known as “warehousing” in its first judgment on the subject for almost 20 years. David Mumford QC and James Kinman appeared for the successful respondent. Facts The case concerns a dispute over a high value London property,...
Summary Thomas Grant QC and Ryan Turner, acting on behalf of the owners of the Canary Riverside development, have successfully resisted an application for an injunction to control the use of documents over which the applicant asserted confidentiality and legal professional privilege. Mr Justice Nicol handed down judgment yesterday, despite...
Summary 12 December 2019 wasn’t merely a momentous day for the nation politically, it also saw the High Court hand down judgment on one of the year’s most interesting charity cases. In Derby Teaching Hospitals NHS Foundation Trust & others v Derby City Council & others [2019] EWHC 3436 (Ch), a group of NHS...
Outdoor Retail Ltd (2019) Summary In this case the court was asked to construe two provisions that are extremely common in commercial leases; a “conclusive certification” clause and a “no set-off” clause. The question for the court was: could the landlord obtain summary judgment for service charge arrears against its tenant...