Public Relations Consultants Association Ltd v Newspaper Licensing Agency (2013)

Judgment Date: 17 Apr 13

Summary The Supreme Court proposed to refer to the European Court of Justice the issue of whether copies of protected material temporarily retained in the internet cache or on the end-user's screen fell within the exception provided for by Directive 2001/29 art.5(1). Facts The appellant (P) appealed against a decision ([2011] EWCA...

Amarjit Singh Banwaitt v Mohamed Dewji (2013)

Judgment Date: 17 Apr 13

Summary A claimant was entitled to rescission of an agreement to invest in a project to buy land in Cambodia because he had been induced to enter into the agreement by fraudulent misrepresentations including representations that other investors had contributed funds and that there was a binding agreement to sell...

Royal Bank of Scotland PLC v Highland Financial Partners LP (2013)

Judgment Date: 12 Apr 13

Summary In a claim for the recovery of advances made in connection with a collateralised debt obligation transaction the claimant bank had obtained judgment on liability by fraud through the misstatement and concealment of facts by its key witness. Therefore the liability judgment, the Court of Appeal's judgment on liability...

Morshead Mansions Ltd v Mactra Properties Ltd (2013)

Judgment Date: 10 Apr 13

Summary Where a tenant had obtained summary judgment against its landlord in relation to the accounting years 2004 to 2006 but not the accounting year 2003, and the evidence showed that the consideration of 2003 added nothing to the costs of the summary judgment application, the correct percentage reduction in an assessment of costs...

Ticketus LLP & Ors v Craig Whyte & Ors (2013)

Judgment Date: 05 Apr 13

Summary When answering a questionnaire as part of a due diligence exercise prior to entering into a series of contracts, a defendant was guilty of fraudulent misrepresentation when he stated that he had not been disqualified as a director, knowing that answer to be false. Alternatively, he was reckless and...

Horace Parshall v Clara Hackney (2013)

Judgment Date: 26 Mar 13

Summary Rectification and indemnification were the only remedies for mistakes resulting from concurrent registration of land in two different titles; nobody with registered title to land could, at the same time, establish possessory title, because their occupation of the land would not be unlawful. Time did not, therefore, begin to...

Leslie Glatt v Nigel Heath Sinclair (2013)

Judgment Date: 26 Mar 13

Summary Receivers appointed under the Criminal Justice Act 1988 were officers of the court and remained so after discharge of the receivership order. Post-discharge functions could be time-consuming and costly; discharge did not extinguish their common law entitlement to be indemnified for both pre- and post-discharge remuneration, disbursements and fees out...

Sabrina Soon Duck Park Kim v Chasewood Park Residents Ltd (2013)

Judgment Date: 26 Mar 13

Summary The reference to "no ground rent to pay" in a letter from a residents' association to tenants concerning the possibility of acquiring the reversion of a residential development concerned only a potential benefit which might come from a purchase of the reversion and was not a clear representation for...

In the Matter of UKLI Ltd; Secretary of State v Baljinder Chohan (2013)

Judgment Date: 26 Mar 13

Summary Where an individual was properly characterised as a de facto and shadow director of a company which he had sanctioned and encouraged to operate an unlawful collective investment scheme, and where he had procured the company to make improper loans and dividends, it was appropriate to disqualify him from...