Richard Paul Thomas v (1) David Jeffery (2) Joy Sweet (3) Gemma Sweet (2012)

Judgment Date: 31 May 12

Summary A recorder had not erred in principle in the manner in which he exercised his discretion on costs and the judge had not been entitled to reverse his decision. Facts The appellant (T) appealed against a decision allowing an appeal by the respondents (J) against a costs order made...

Q-Park Ltd v HX Investments Ltd (2012)

Judgment Date: 31 May 12

Summary There was no clear wording in an option agreement restricting a company from marketing and selling its interest in five car parks either individually or collectively. Facts The appellant (H) appealed against a decision concerning the proper interpretation of an option agreement made between H and the respondents (Q)...

Weavering Capital (UK) Ltd (In Liquidation) v ULF Magnus Michael Peterson & 9 Ors (2012)

Judgment Date: 30 May 12

Summary A company's chief executive and managing director who had perpetrated fraud by swap agreements and misrepresentations to investors was liable to the company and its liquidators for breach of his fiduciary duties and in the tort of deceit. Facts The claimant company (W) and its liquidators (L) sought relief...

Anglo German Breweries Ltd (In Liquidation) v Chelsea Corp INC & 6 Ors (2012)

Judgment Date: 29 May 12

Summary It was appropriate to pierce the corporate veil and to require the transfer of a property held by a company where the true owner of the property had transferred it to the company to conceal his fraudulent activities. Facts The liquidator for the claimant company (C) claimed for the...

Westwood Shipping Lines Inc & Others v Universal Schifff Ahrtsgesellschaft MBH (2012)

Judgment Date: 25 May 12

Summary An order of a German court appointing a preliminary liquidator was a judgment opening insolvency proceedings for the purposes of recognition by the English courts under Regulation 1346/2000. Facts The court was required to determine issues in proceedings to enforce an arbitration award.The defendant (G) was the time charterer...

Royal Bank of Scotland Plc v Highland Financial Partners LP (2012)

Judgment Date: 25 May 12

Summary Where there had been improper conduct by the claimant in the proceedings that was a sufficiently strong reason to refuse to grant an anti-suit injunction to restrain Texan proceedings brought in breach of an exclusive English jurisdiction clause. Facts The claimant bank (R) sought an anti-suit injunction to restrain...

Greene King PLC v Quisine Restaurants Ltd (2012)

Judgment Date: 24 May 12

Summary A clause under a licence to assign an underlease requiring the tenant to use all reasonable endeavours to give notice to the guarantor of the undertenant each time the rents were more than two months in arrears was not a condition precedent of the liability under the guarantee and...

George Maloney v Filtons Ltd (2012)

Judgment Date: 24 May 12

Summary The defendant property management companies did not have the benefit of a lease over a property but were managing agents of the property, which meant that they were entitled to grant sub-leases and to obtain deposits, but were then required to account to the registered proprietors of the property...

JSC BTA Bank v Mukhtar Ablyazov (16 May 2012)

Judgment Date: 16 May 12

Summary It was not in the interests of justice to prevent a contemnor from pursuing his appeal against an order for his committal unless he complied with conditions, including surrendering to custody, as that was a disproportionate response to his contempt. Facts The applicant bank (B) applied for the dismissal...