JSC BTA Bank v Mukhtar Ablyazov (November 2012)

Judgment Date: 28 Nov 12

Summary A judge had not erred in refusing to recuse himself as trial judge following his finding of contempt against a defendant, as there was no real possibility of bias and the defendant's failure to make a recusal application earlier in the proceedings had been an unequivocal, informed and voluntary...

Connells Survey & Valuation Ltd v MPG Investments LLP & Anor (2012)

Judgment Date: 27 Nov 12

Summary A limited liability partnership that had suffered loss as a result of a valuation company's alleged negligent advice on a property's value was allowed to provide draft amended particulars of claim to include a claim for the actual net loss that it had suffered. Although there was no diminution...

Favor Easy Management Ltd, Samuel Tak Lee v Fuk Fei Wu, Favor Easy Management Ltd (2012)

Judgment Date: 21 Nov 12

Summary A judge had adopted the correct approach when considering the evidence as a whole in determining the intentions of the parties in relation to the disputed beneficial ownership of two commercial properties. Facts The second appellant businessman (L) appealed against a decision ([2011] EWHC 2017 (Ch)) that the first respondent (W)...

OJSC TNK-BP Holding v Beppler & Jacobson Ltd & 12 Ors (2012)

Judgment Date: 20 Nov 12

Summary The obvious natural forum for a claim by a Russian company against a connected company's former employee said to have been involved in bribery was Russia, with the result that it would be appropriate to set aside an order granting the claimant permission to serve proceedings out of the...

Mira Makar v Russell Jones & Walker & Ors (2012)

Judgment Date: 19 Nov 12

Summary A statement of claim was struck out as it did not disclose any claim, or any vestige of a claim, and it was totally without merit. Facts The court was required to consider whether default judgments obtained by the respondent (M) ought to be set aside. Specific applicant defendants ...

HSH Nordbank AG v Saad Air (2012)

Judgment Date: 13 Nov 12

Summary The interests of justice required a creditor, which had obtained security over aircraft in Swiss proceedings, to be permitted to obtain copies of the evidence filed on an application for summary judgment by a mortgagee of the aircraft which claimed to be entitled to declarations that its mortgages had...

JSC BTA Bank v Mukhtar Ablyazov (6 November 2012)

Judgment Date: 06 Nov 12

Summary There was no authority for the proposition that a full hearing on the merits was required in circumstances where a litigant had forfeited his right to a full trial by his own conduct of the litigation. The judge had been entitled to make orders whereby the appellant would be...

Catholic Care (Diocese of Leeds) v Charity Commission For England & Wales (2012)

Judgment Date: 02 Nov 12

Summary A Roman Catholic charity failed to show that there were weighty and convincing reasons which justified a change to its memorandum of association to enable it to lawfully continue a discriminatory practice under the exemption in the Equality Act 2010 s.193 so that it could restrict its adoption services to...

Andrew Scott Walby, Richard Scott Walby v Malcolm Scott Walby, Laura Scott Walby (2012)

Judgment Date: 02 Nov 12

Summary There were no grounds on which to imply into a transfer of part of farming land and buildings an easement of drainage in favour of the retained land, either on the basis of necessity, mutual benefit or to give effect to any intention as to the particular use of...