Institute of Chartered Accountants in England and Wales v Webb (2009)
Judgment Date: 04 May 09
Summary Although the Court of Appeal's discretion to receive fresh evidence applied to the acceptance of an undertaking, it declined an undertaking offered by a party challenging jurisdiction to submit to the jurisdiction of a foreign court. To accept the undertaking would produce a different situation to that considered at...
Summary A company and one of its directors had breached fiduciary duties owed to a company for whom it found properties to acquire and develop as licensed premises. Two other directors had dishonestly assisted in the breach in respect of certain transactions. Facts The claimant (J) brought two actions against...
Summary A bank had acted in breach of a duty of care by putting into circulation a letter of instruction and a reference letter and representing that it had accepted the instructions and intended to adhere to them, but the breach had not caused loss to defrauded investors because they...
Unfair Prejudice petition. Instructed as junior counsel.
Summary The liability of a judgment debtor under a judgment had been discharged in full by a payment made to the claimant by the other defendants pursuant to a consent order so that the judgment could not be enforced by another defendant as assignee. Facts The appellant (M) appealed against...
Summary The fact that a director of a company had been nominated to that office by a shareholder did not, of itself, impose any duty on the director owed to his shareholder. Facts The appellant (H) appealed against a decision ((2007) EWHC 2999 (Ch) (2008) BCC 390) determining his petition under the Companies Act 2006...
Summary Clients of a derivatives broker whose money had mistakenly not been paid into a segregated account to be held on trust for them were not entitled on the broker's liquidation to have the monies owed to them treated as being held on trust in the segregated account. Facts The...
Summary As a matter of fact companies in the Total group had control of tank filling operations at the part of the Buncefield oil storage depot where an explosion occurred and were vicariously liable for the careless tank filling activities of their employees. One of the causes of the explosion...