Dar Al Arkan Real Estate Development Co v Majid Al-Sayed Bader Hashim Al Refai (2012)

Judgment Date: 12 Dec 12

Summary The defendants to claims of breach of confidence and unlawful interference with business interests were successful in setting aside interim orders granted to the claimants on ex parte applications as they had established that the claimants had breached their duties to the court. Facts The first, second and third...

Anthony Armbrister, Cyril Armbrister v Marion Lightbourn & Ors (2012)

Judgment Date: 11 Dec 12

Summary Where neither the first instance court nor the Court of Appeal of the Bahamas had made a proper analysis of the evidence in proceedings concerning title to two areas of land, it was proper for the Board of the Privy Council to review the conclusions they had reached. Where...

Financial Services Authority v European Property Investments (UK) Ltd (2012)

Judgment Date: 07 Dec 12

Summary The Financial Services Authority had jurisdiction to petition for the winding up of a company that operated a landbanking scheme because that scheme constituted a collective investment scheme within the meaning of the Financial Services and Markets Act 2000 s.235, and the company had therefore been carrying on a regulated...

Slocom Trading Ltd v Tatik Inc & Ors (2012)

Judgment Date: 04 Dec 12

Summary The court was required to determine the validity and effectiveness of a number of contracts between companies through which two businessmen had managed their financial affairs. Facts The claimant companies (S and D) claimed damages for breach of contract from the defendants (T, E and M). The dispute arose...

Sycamore Bidco v Breslin & Dawson No. 1 (2012)

Judgment Date: 30 Nov 12

Summary Although various warranties included in a share sale agreement did not constitute representations and there had therefore been no misrepresentation by the sellers of the shares in the company, the inclusion of inappropriate amounts in the company accounts as turnover gave rise to breaches of the warranties. Facts The...

JSC BTA Bank v Mukhtar Ablyazov (November 2012)

Judgment Date: 28 Nov 12

Summary A judge had not erred in refusing to recuse himself as trial judge following his finding of contempt against a defendant, as there was no real possibility of bias and the defendant's failure to make a recusal application earlier in the proceedings had been an unequivocal, informed and voluntary...

Connells Survey & Valuation Ltd v MPG Investments LLP & Anor (2012)

Judgment Date: 27 Nov 12

Summary A limited liability partnership that had suffered loss as a result of a valuation company's alleged negligent advice on a property's value was allowed to provide draft amended particulars of claim to include a claim for the actual net loss that it had suffered. Although there was no diminution...

Favor Easy Management Ltd, Samuel Tak Lee v Fuk Fei Wu, Favor Easy Management Ltd (2012)

Judgment Date: 21 Nov 12

Summary A judge had adopted the correct approach when considering the evidence as a whole in determining the intentions of the parties in relation to the disputed beneficial ownership of two commercial properties. Facts The second appellant businessman (L) appealed against a decision ([2011] EWHC 2017 (Ch)) that the first respondent (W)...

OJSC TNK-BP Holding v Beppler & Jacobson Ltd & 12 Ors (2012)

Judgment Date: 20 Nov 12

Summary The obvious natural forum for a claim by a Russian company against a connected company's former employee said to have been involved in bribery was Russia, with the result that it would be appropriate to set aside an order granting the claimant permission to serve proceedings out of the...