Yukos Capital SARL v OJSC Rosneft Oil (2011)

Judgment Date: 14 Jun 11

Summary A decision of the Amsterdam Court of Appeal gave rise to an issue estoppel preventing the defendant from denying that decisions of the Russian courts annulling arbitration awards were the result of a partial and dependent judicial process. Facts The court was required to determine two preliminary issues in...

Harris v Jones (2011)

Judgment Date: 14 Jun 11

Summary John Dagnall appeared for William Harris (“Harris”) who set up a joint-venture with Richard Jones (“Jones”) called Zetnet Limited (“Zetnet”) each holding one share (50% each). Harris transferred his one share to Jones who executed an express declaration of trust in favour of Harris and a stock-transfer form back to...

Graham Gouldson v Revenue & Customs Commissioners (2011)

Judgment Date: 07 Jun 11

Summary The word "structure" in the context of the use of an offshore installation as set out in the Income and Corporation Taxes Act 1988 s.837C(2)(f) was capable of wide interpretation and would include structures in the course of construction which on completion would be used for mineral exploitation....

Sunwing Vacation Inc & Ors v E-Clear (UK) Plc & Ors (2011)

Judgment Date: 03 Jun 11

Summary It was appropriate to make an order requiring a company and its liquidators to disclose and permit the inspection of certain documents in accordance with the Insolvency Act 1986 s.112 and s.155 for use by companies in respect of overseas arbitration in which they were involved with other parties. Facts...

Awal Bank BSC (In Administration) v Maan Abdulwahed Abdulmajeed Al-Sanea (2011)

Judgment Date: 27 May 11

Summary A notice purportedly exercising a put option was not a valid notice in terms of the put option agreement. Facts The applicant (D) applied to set aside orders for service out of the jurisdiction and alternative service, the service that took place pursuant thereto and judgment entered in default....

CSC Media Group Ltd v Video Performance Ltd (2011)

Judgment Date: 27 May 11

Summary Provided that the Copyright Tribunal discharged its statutory duty under the Copyright, Designs and Patents Act 1988 s.126 to determine the terms of a licence that were reasonable in the circumstances by having regard to comparable schemes and licences as well as all other relevant considerations, then the precise way...

Arqiva Ltd & Ors v Everything Everywhere Ltd & Ors (2011)

Judgment Date: 27 May 11

Summary In an expedited trial the court construed aspects of various agreements between mobile phone network operators and the owners of sites on which telecommunications equipment was provided. Facts In an expedited trial the court construed aspects of various agreements between the claimants (X) and defendants (E and O), who...

Christopher Southgate & Anor v Peter Sutton & Ors (2011)

Judgment Date: 26 May 11

Summary The court had jurisdiction to confer power on the trustees of a family trust to carry out a proposed transaction to appropriate and partition trust property to create a sub-fund as it was "administration of any property vested in the trustees" within the Trustee Act 1925 s.57(1). Facts The appellant...

Sheermohamed & ano v S A Nabi and Sons Ltd v Sheermohamed (2011)

Judgment Date: 23 May 11

Summary Christopher R. Parker QC succeeds before the Caribbean Court of Justice in Trinidad in overturning two decisions of the Guyana Court of Appeal as to the validity of a directors’ resolution and a contrary resolution of a shareholders’ meeting.