Smith (Personal Representative of Hugh Smith (Deceased) & Ors v Molyneaux (2016)

Judgment Date: 21 Nov 16

Summary In a possession claim relating to a shack in which adverse possession was raised as a defence, the first-instance judge had been entitled to find that the defendant had occupied the shack with the claimant owners' permission, so that adverse possession did not apply. Facts The appellants appealed against...

Millgate Developments Ltd v Smith (2016)

Judgment Date: 18 Nov 16

Summary The tribunal ordered the modification of a covenant not to build on a plot of land on which a developer, in knowing breach of the covenant, had built an affordable housing development. Notwithstanding that the adjoining land benefiting from the covenant was intended for use as a children's hospice...

National Infrastructure Development Co Ltd v Banco Santander SA (2016)

Judgment Date: 09 Nov 16

Summary A beneficiary was entitled to summary judgment in respect of standby letters of credit issued by the defendant bank as security for the obligations of a Brazilian contractor in relation to a major construction project in Trinidad. It was not seriously arguable that the fraud exception applied because the...

PJSC Tatneft v Gennadiy Bogolyubov & ors (2017)

Judgment Date: 08 Nov 16

Summary The court granted two defendants summary judgment in a claim against them by a Russian oil company on the basis that the claim had no real prospect of success. It also set aside an order permitting service out of the jurisdiction on two other defendants, as there was no...

Tatneft v Bogolyubov & Ors (2016)

Judgment Date: 08 Nov 16

Summary The court granted two defendants summary judgment in a claim against them by a Russian oil company on the basis that the claim had no real prospect of success. It also set aside an order permitting service out of the jurisdiction on two other defendants, as there was no...

Oakdene Homes Plc (In liquidation) v Carl Stephen Turpin (2016)

Judgment Date: 03 Nov 16

Summary The liquidators of a construction company succeeded in their claim against its director for monies outstanding in relation to a subscription of company shares and for the proceeds of sale of a property belonging to the company, which the director had misappropriated. Facts A construction company, acting through its...

R (On The Application Of (1) Gina Miller (2) Deir Tozetti Dos Santos) (Claimants) v Secretary Of State For Exiting The European Union (Defendant) & (1) Grahame Pigney & Ors (2) AB, KK, PR & Children (

Judgment Date: 03 Nov 16

Summary The Government did not have power under the Crown's prerogative to give notice pursuant to TEU art.50 for the UK to withdraw from the EU. Facts The claimants applied for judicial review of the Government's intention to give notice pursuant to TEU art.50 for the UK to withdraw from...

Phillip Ivey v Genting Casinos UK Ltd (t/a Crockfords Club) (2016)

Judgment Date: 03 Nov 16

Summary A casino had been entitled to withhold a gambler's winnings on the basis that he had breached the implied term in their contract that he should not cheat. Although the gambler had believed that his technique in a card game was honest, his view of his conduct was not...

Buchanan v Metamorphosis Management Ltd & ors

Judgment Date: 25 Oct 16

Summary Although the late service of a defence was always a serious matter, a 15 day delay where the defendant was going through the turmoil of a creditor's voluntary liquidation did not require a sanction and an extension of time for service would be granted. Facts The claimant applied for judgment...