Brenda Myrtle Sumner & Ors v Costa Ltd & Ors (2014)

Judgment Date: 29 Jan 14

Summary In determining a rent review, an arbitrator was not required to set out every reason he had as to the weight to be given to each comparable property. Facts The applicant landlords (L) challenged the award of the second respondent arbitrator regarding a rent review under the commercial lease...

Re the Estate of Platon Elenin (Aka Boris Berezovsky) (2014)

Judgment Date: 23 Jan 14

Summary The late Boris Berezovsky's daughter, who was involved in a dispute with the Russian airline, Aeroflot, as to who should administer her father's estate, would be entitled to rely, at the final hearing, on confidential information in the hands of non-parties relating to the solvency of the estate, subject...

Joint Stock Co “Aeroflot - Russian Airlines” v Berezovsky & Anor (2014)

Judgment Date: 16 Jan 14

Summary A Russian company's action to enforce a money judgment of the Russian court could not be summarily dismissed on the basis that the judgment breached the principle of finality. The English courts would not hold that a foreign judgment infringed the finality principle when it interfered with a prior...

Dar Al Arkan Real Estate Development Co v Majid Al-Sayed Bader Hashim Al-Refai & Ors (2014)

Judgment Date: 20 Dec 13

Summary The court was bound by Choudhary v Bhattar [2009] EWCA Civ 1176, [2010] 2 All E.R. 1031 to hold that it was not permitted to order the service of committal proceedings on a director domiciled in a non-Member State under Regulation 44/2001 art.22(5), notwithstanding contrary decisions of the European Court. However, the court could...

Sunlife Europe Properties Ltd v Tiger Aspect Holdings Ltd & Anor (2013)

Judgment Date: 17 Dec 13

Summary In assessing the diminution in value of the landlord's reversion caused by a tenant's breaches of repairing covenants, a judge had been entitled to conclude that the amount of the diminution could be inferred from the cost of the necessary repairs. Facts The appellant tenant (T) appealed against an...

John David Sheffield v John Julian Lionel George Sheffield & Ors (2013)

Judgment Date: 13 Dec 13

Summary The contemporaneous documentation did not prove that before the beneficiary of a trust of land declared that he held his interest on trust for his grandson, they had made an arrangement that the grandfather would continue to keep all the income attributable to the gifted interest while he was...

Fonecomp Ltd v Revenue & Customs Commissioners (2013)

Judgment Date: 05 Dec 13

Summary The First-tier Tribunal had not erred in law in applying the principle in Kittel v Belgium (C-439/04) [2008] S.T.C. 1537, as interpreted by the Court of Appeal in Mobilx Ltd (In Administration) v Revenue and Customs Commissioners [2010] EWCA Civ 517, [2010] S.T.C. 1436, when considering whether a trader, who was...

Mohamed Dewji v Amarjit Singh Banwaitt (2013)

Judgment Date: 29 Nov 13

Summary An interim order made under the Insolvency Act 1986 s.252, imposing a moratorium on proceedings against a judgment debtor, where there was no petition for bankruptcy but there was an individual voluntary arrangement pending consideration could not be equated to the situation where a statutory scheme was already in place....

Mark Forstater & Ors c Python (Monty) Pictures Ltd & Ors (2013)

Judgment Date: 29 Nov 13

Summary The court illustrated its approach to the determination of costs in a multi-party action raising multiple issues and sub-issues, in which all parties had been both winners and losers. Areas of focus included how to treat the costs of discontinuing a small strand of one issue; entitlement to recovery...