Dooba Developments Limited v McLagan Investments Ltd (2016)

Judgment Date: 29 Jan 16

Summary The correct interpretation of a clause in a conditional sale agreement which entitled either party to rescind "if all of the Conditions [had] not been discharged" by the long-stop date was that either party was entitled to rescind after that date, unless all of the conditions had been discharged...

Lord Chancellor v John Blavo & MSP Capital (2016)

Judgment Date: 28 Jan 16

Summary A freezing order was continued against a solicitor who had been the managing director of a firm which had allegedly fraudulently claimed legal aid for thousands of cases. The firm had been liquidated, but the solicitor had signed a deed of guarantee and indemnity in respect of the firm's...

Canary Wharf Finance II plc v Deutsche Trustee Company Limited (2016)

Judgment Date: 28 Jan 16

Summary Where the terms relating to the issue of mortgage-backed debentures gave the borrower an option to release a secured property in return for a prepayment of the debenture out of the sale proceeds, that prepayment was not a "mandatory repayment". As a matter of language and on the basis...

Hogg Robinson PLC v Harvey (2016)

Judgment Date: 28 Jan 16

Summary The court granted rectification of a deed of amendment to a pension scheme where the evidence leading up to and post-dating the deed compellingly established that a mistake had been made in drafting the deed which did not reflect the intention of the company and the trustees. Facts The...

Hawk Recovery v Eustace & Brunswick Wealth (2016)

Judgment Date: 25 Jan 16

Summary It was not appropriate to grant summary judgment in favour of the claimant in relation to its claim for the recovery of money allegedly paid in breach of trust. The defendant had a real prospect of successfully defending the claim, and there was another "compelling reason" why the claim...

Goldtrail Travel Ltd v Aydin (2016)

Judgment Date: 21 Jan 16

Summary The court was entitled to refuse an airline's application to vary an order to continue its appeal against the payment of equitable compensation conditional on payment into court of £3.64 million to settle a judgment debt in a tour operator's favour and it was entitled to require the airline's chairman...

Metropolitan Housing Trust v Taylor & Ladhur & Information Enterprise Solutions (2015)

Judgment Date: 18 Dec 15

Re Allanfield Property Insurance Services Limited (2015)

Judgment Date: 17 Dec 15

Summary On an application under the Insolvency Act 1986 Sch.B1 para.63 by the administrators of two insolvent insurance intermediaries, the court gave directions for the distribution of funds held in the companies' client accounts which were subject to the statutory trust regime in Chapter 5 of the Client Assets Sourcebook in...

Krys v KBC Partners LP (British Virgin Islands) (2015)

Judgment Date: 19 Nov 15

Summary In a liquidation, special limited partners were not entitled to claim a bonus based on a sale of the assets where there had been no sale and they had been distributed in specie to the principal partner that had initially contributed them. Facts Two special limited partners appealed against...