Destiny Investments (1993) Ltd v TH Holdings Ltd (Re TPD Investments Ltd) [2017] EWHC 657 (Ch)

Judgment Date: 31 Mar 17

Summary The court determined the appropriate remedy in a case of unfair prejudice within the meaning of the Companies Act 2006 s.994. It considered the fair value of the petitioners' shares in the company concerned, whether the percentage of shares attributable to them should be increased, and whether any personal liability...

Grosvenor (Mayfair) Estate v Merix International Ventures Ltd (2017)

Judgment Date: 30 Mar 17

Summary A judge had been entitled, having taken full account of all the guidance to be derived from precedent and reached a decision with the benefit of his own evaluation, to find that a townhouse with past mixed residential and office use and no current use at all, was a...

Andrew Wood v (1) Sureterm Direct Ltd (2) Capita Insurance Services Ltd (2017)

Judgment Date: 29 Mar 17

Summary The court interpreted an indemnity clause in an agreement for the sale and purchase of shares in an insurance broking company. The clause covered loss caused by mis-selling only where such loss followed or arose from a claim or complaint by a customer to the Financial Services Authority or...

Wood v Capita Insurance Services Ltd (2017)

Judgment Date: 29 Mar 17

Summary The court interpreted an indemnity clause in an agreement for the sale and purchase of shares in an insurance broking company. The clause covered loss caused by mis-selling only where such loss followed or arose from a claim or complaint by a customer to the Financial Services Authority or...

Jason Victor Fuller (part 20 claimant) v (1) Diana Carolyn Kitzing (2) Mark Eberhard Kitzing (part 20 defendants) (2017)

Judgment Date: 23 Mar 17

Summary A profit a prendre giving sporting rights over a property could include the right to take game birds which were on the property, notwithstanding that the birds had been bred by humans. A game bird could be wild, and thus properly the subject of a profit, even if it...

Bretby Hall Management Co Ltd v Christopher Pratt (2017)

Judgment Date: 21 Mar 17

Summary A property management company whose only income was from service charges could recover legal costs arising from a tenant's threatened proceedings against it as part of the service charge to be divided between all the tenants, as the terms of the lease were general enough to cover defence of...

NHR Ltd v Sainsbury’s Supermarkets Ltd (2017)

Judgment Date: 07 Mar 17

Summary Although a deputy master had erred in his approach when refusing an application to amend a statement of case claiming payment for consultancy fees, he had reached the correct conclusion by refusing the amendments. The proposed new claims did not arise out of the same or substantially the same...

Thomas v Triodos Bank NV (2017)

Judgment Date: 02 Mar 17

Summary A bank had owed a duty to business customers who had expressed a wish to change the interest on their borrowings from a variable rate to a fixed rate to explain the financial implications of doing so. That duty had been breached in the instant case. Facts The claimants...

Hynes Heating Solutions v Homebase

Judgment Date: 01 Mar 17

Appeared for Homebase successfully striking out £1.2m claim against it for breach of contract. (Birmingham DR, March 2017)