Walker International Holdings Ltd v Congo & Ors (2005)

Judgment Date: 06 Dec 05

Summary In the circumstances a judgment debtor was beneficially interested in the shares of a company and a property owned by that company in respect of which the judgment creditor had obtained interim charging orders. Facts The applicant (W) obtained interim charging orders over the shares of a company (J)...

Financial Services Authority (A Company Limited by Guarantee) v John Martin & Adrian Sam & Co (2005)

Judgment Date: 25 Nov 05

Summary The Financial Services and Markets Act 2000 (Transitional Provisions and Savings) (Civil Remedies, Discipline, Criminal Offences etc.) (No. 2) Order 2001 reg.2(4) should be construed as providing that no person could be subject to an order under the Financial Services and Markets Act 2000 s.380(2) by reason of pre-commencement conduct in breach of...

Financial Services Authority v Fradley & Woodward (2005)

Judgment Date: 23 Nov 05

Summary Investment business, an unauthorised collective investment scheme, would be being carried on in the United Kingdom for the purposes of the Financial Services and Markets Act 2000, if the activities in question that took place in the UK were a significant part of the business activity of running the scheme....

Riyad Bank v AHLI United Bank (UK) Plc (2005)

Judgment Date: 23 Nov 05

Summary On an application to put in fresh evidence on appeal, the Court of Appeal should be particularly cautious where what was intended was to put in, in effect, further cross-examination of a witness, including an expert, where that expert or witness had been cross-examined at a trial. Facts The...

Crestfort Ltd v Tesco Stores Ltd (2005)

Judgment Date: 11 Nov 05

Summary There was no reason, in the circumstances, to depart from the general rule that costs should follow the event. The landlords, who were successful in their action against the tenants, were entitled to all their costs. Facts The court determined costs following a successful action by the claimant landlords ...

AMB Generali Holding AG & Ors v SEB Trygg Liv Holding Aktiebolag (2005)

Judgment Date: 10 Nov 05

Summary The warranty that a solicitor gave was that he had a client who had instructed him to assert or deny the claims made in the proceedings against the opposing party. He did not warrant that the client had the name by which he appeared in the proceedings. As a...

Clear Channel UK Ltd v Manchester City Council (2005)

Judgment Date: 09 Nov 05

Summary An agreement for the erection and maintenance of advertising displays on local authority land created a licence and not a tenancy, because the agreement between the parties did not sufficiently identify the land in respect of which a tenancy was said to have been created. Facts The appellant (C)...

Watergate Properties (Ellesmere) Limited v Securicor Cash Service Limited (2005)

Judgment Date: 08 Nov 05

Summary An arbitrator's decision, that on the true construction of a lease supplementary rent was required to be deducted from his determination of the yearly rental value, was obviously wrong. Facts The appellant landlord (W) appealed against an arbitrator's determination that supplementary rent was to be deducted from the yearly...

TSP Group Ltd v Globemark (UK) Ltd & Undersheriff of Cheshire (2005)

Judgment Date: 02 Nov 05

Summary A judge had been wrong to proceed to summarily determine a claim at a hearing that had been ordered to be a directions hearing. Facts The appellant company (T) appealed against a decision to summarily dismiss its claim to certain goods against the first respondent (G). T was the...