Thomas v Triodos Bank NV (2017)

Judgment Date: 02 Mar 17

Summary A bank had owed a duty to business customers who had expressed a wish to change the interest on their borrowings from a variable rate to a fixed rate to explain the financial implications of doing so. That duty had been breached in the instant case. Facts The claimants...

Hynes Heating Solutions v Homebase

Judgment Date: 01 Mar 17

Appeared for Homebase successfully striking out £1.2m claim against it for breach of contract. (Birmingham DR, March 2017)

London Executive Aviation Ltd v Royal Bank Of Scotland Plc (2017)

Judgment Date: 28 Feb 17

Summary In proceedings relating to interest rate swap agreements, the court refused permission for expert evidence to be called regarding suitability requirements and the risks associated with the products sold. Facts The claimant applied for permission to call expert evidence in proceedings relating to interest rate swap agreements.The matters...

(1) Mark Alan Holyoake (2) Hotblack Holdings Ltd v Nicholas Anthony Christopher Candy & 5 Ors (2017)

Judgment Date: 28 Feb 17

Summary When imposing a notification injunction on the defendants to an unlawful means conspiracy claim, a judge had applied an incorrect test in relation to the level of risk of dissipation of assets required to be shown. The injunction was set aside as there was not a real risk, supported...

Candy v Holyoake (2017)

Judgment Date: 28 Feb 17

Summary When imposing a notification injunction on the defendants to an unlawful means conspiracy claim, a judge had applied an incorrect test in relation to the level of risk of dissipation of assets required to be shown. The injunction was set aside as there was not a real risk, supported...

Vivienne Westwood Ltd v Conduit Street Development Ltd (2017)

Judgment Date: 27 Feb 17

Summary The court interpreted a side letter to a lease, under which a landlord granted a rent concession to a tenant. A termination provision provided that if the tenant breached the terms of the side letter or lease it would need to pay the higher rent contained in the lease,...

(1) Mark Alan Holyoake (2) Hotblack Holdings Ltd v Nicholas Anthony Christopher Candy & 5 Ors (2017)

Judgment Date: 27 Feb 17

Summary Where a claimant had waived privilege in certain documents for the purpose of rebutting a suggestion that he had fabricated allegations, the defendant's application for further disclosure on the ground of collateral waiver was refused because the material in respect of which further disclosure was sought was not part...

(1) First Tower Trustees Ltd (2) Intertrust Trustees Ltd v CDS (Superstores International) Ltd (2017)

Judgment Date: 20 Feb 17

Summary A landlord was liable for the cost of remedial works to remove asbestos and of alternative warehouse accommodation whilst those works were carried out where it had misrepresented to the tenant, in its replies to pre-contract enquiries, that it had no knowledge of any environmental problems affecting the property....

(1) J Toomey Motors Ltd (2) (2) Toomey (Southend) Ltd v Chevrolet UK Ltd (2017)

Judgment Date: 20 Feb 17

Summary A car distributor was not liable for any losses sustained by its two remaining franchisee dealerships after it had scaled back its operation following its notice to terminate the franchise agreement. The nature of the franchisees' claim required them to show that the distributor had breached an obligation to...