Mira Makar v Pricewaterhousecoopers LLP (2011)

Judgment Date: 15 Jul 11

Summary A claim for damages for breach of duty of care brought by a director against a company's auditors was struck out where the director had failed to indicate any special circumstances or a special relationship which would give rise to a duty of care. Facts The applicant auditors (P)...

Anthracite Rated Investments (Jersey) Ltd v Lehman Brothers (2011)

Judgment Date: 15 Jul 11

Summary The court determined the meaning and effect of early close-out provisions in two cash settled put options incorporating the 1992 ISDA Master Agreement which were part of larger investment structures devised and marketed by Lehman Brothers. Facts The court was required to determine the meaning and effect of early close-out...

Neale v Whitney Electric Theatre (2011)

Judgment Date: 15 Jul 11

Summary A judge had not erred in exercising his discretion when determining interim rent under the Landlord and Tenant Act 1954 s.24D. Facts The appellant business tenant (T) appealed against the determination of an interim rent under the Landlord and Tenant Act 1954 s.24D. Between 1992 and 2006, T had paid rent...

F&C Alternative Investments (Holdings) Ltd v Francois Barthelemy, Anthony Culligan (2011)

Judgment Date: 14 Jul 11

Summary It was not in the public interest for a final judgment which addressed a number of financial regulatory issues to be suppressed as a condition of a settlement agreement between the private litigating parties. Facts The applicants (B) applied for a final judgment not to be handed down in...

F&C Alternative Investments (Holdings) Ltd v Barthelemy and Culligan (2011)

Judgment Date: 14 Jul 11

Summary Members of a limited liability partnership owed no statutory fiduciary duties to each other nor could such duties be derived from existing partnership law but only from express contractual terms. Facts Judgment was given in three interrelated proceedings to resolve disputes between H, the corporate member of a Limited...

Chief Land Registrar v Leonard Stuart Silkstone (2011)

Judgment Date: 14 Jul 11

Summary The adjudicator to HM Land Registry had discretion to grant or refuse a party's application to withdraw from a reference under the Land Registration Act 2002 s.73(7) upon such terms as he considered just. However, a party could not bring the reference to an end by unilateral withdrawal. Facts The...

Munib Masri v Consolidated Contractors International Co SAL & 6 Ors (2011)

Judgment Date: 13 Jul 11

Summary Proceedings in England and Greece did not involve the same cause of action for the purposes of Regulation 44/2001 art.27 but they were related proceedings giving rise to a risk of irreconcilable judgments within art.28 and the proper course was to stay the English action. Facts The applicants applied for...

Trevor Horn, Carlo Dinardo & Rowanmoor Trustees Ltd v Commercial Acceptance Ltd (2011)

Judgment Date: 08 Jul 11

Summary In the circumstances and on the proper interpretation of the loan agreement between the parties the claimant investors were entitled to recover their contribution in full. Facts The claimants (T) sought relief in respect of a loan agreement under which the borrowers failed to make repayment and the security...

Berezovsky v Hine & Ors (2011)

Judgment Date: 07 Jul 11

Summary The court granted an order striking out a new statement of case lodged on behalf of the claimant in Commercial Court proceedings. Facts The defendant (R) in Commercial Court proceedings known as "the Abramovich action" applied to strike out various parts of a new statement of case lodged on...