Generator Developments Ltd v Lidl UK GmbH (2018)

Judgment Date: 08 Mar 18

Summary The Court of Appeal summarised the law applicable to equitable claims based on Pallant v Morgan [1953] Ch. 43. A property development company, which had been negotiating a joint venture with a supermarket for the purchase of land, did not have an interest in the land under Pallant v Morgan principles...

Christopher Paul Reynard v Nigel Fox (2018)

Judgment Date: 08 Mar 18

Summary A bankrupt's claim for breach of contract and negligence against his trustee in bankruptcy was struck out under CPR r.3.4(2), on the grounds that the claim form disclosed no reasonable grounds for bringing the claim and that it was an abuse of the court's process. Facts The defendant applied...

Property Alliance Group Ltd v Royal Bank of Scotland PLC (2018)

Judgment Date: 02 Mar 18

Summary In the face of evidence that a bank had made representations to the effect that it had not sought to manipulate LIBOR rates and would not seek to do so, a judge hearing a claim based on losses incurred by the bank's customer as a result of terminating interest...

Koza Ltd & Anor v Akcil & Ors (2018)

Judgment Date: 26 Feb 18

Summary The test for whether an alternative means of service of proceedings should be permitted under CPR r.6.15 in a Hague Service Convention case was whether there was a "good reason"; that did not require exceptional, special circumstances. A UK company was permitted to serve proceedings on an organ of...

(1) John Anthony Popely (2) Andrew Popely v (1) Ronald Albert Popely (2) Cosmos Trust Ltd (3) Casterbridge Properties Ltd (2018)

Judgment Date: 21 Feb 18

Summary Where a master heard an application in 2017 for permission to continue a claim as a derivative action, CPR PD 19C had not required him to refer the application to a judge. The application to continue the claim as a derivative action had originally been made in 2006, before the Practice...

Exportadora De Sal S.A. De C.V. v Corretaje Maritimo Sud-Americano Inc (2018)

Judgment Date: 09 Feb 18

Summary In relation to a shipbuilding contract entered into by a Mexican buyer and governed by English law, a decree made in Mexico that the tender process leading to the contract was a nullity did not deprive an arbitrator who had determined a dispute in the seller's favour of substantive...

Leven Holdings Ltd v (1) Nicholas Matthew Middlemass Johnston (2) Giantflow Ltd (3) Dorncroft Ltd (4) Johnston Quarry Group Ltd (5) Vision Motorsport Ltd (2018)

Judgment Date: 09 Feb 18

Summary Various owners and occupiers of land forming part of a former military aerodrome had not established a right of way, either by express or implied easement, prescription or lost modern grant, over a service road through part of the former aerodrome that had become an industrial estate. Facts The...

VB Football Assets v (1) Blackpool Football Club (Properties) Ltd (Formerly Segesta Ltd) (2) Owen Oyston (3) Karl Oyston (4) Blackpool Football Club Ltd (2018)

Judgment Date: 05 Feb 18

Summary Judgment debtors were refused an extension of time to make payments in instalments where they had failed to meet the first due date. They had been unable to sell assets, permission to appeal against the judgment had been refused, and the creditor was prejudiced by continuing to be denied...

(1) Simon Franklin Plant (2) Daniel Plant (Administrators Of Relentless Software Ltd) v (1) Vision Games 1 Ltd (2) Ultimate Finance Ltd (3) Thincats Loan Syndicates Ltd (4) Relentless Vision 1 Ltd (20

Judgment Date: 25 Jan 18

Summary The court interpreted agreements by which a video games development company had agreed to accept funding from a loan company, secured by various charges. In particular, it determined that the funder had no security or other proprietary interest in monies in the company's bank accounts, derived from tax credits....