P&B (Run-Off) Ltd v Margaret C Woolley (2002)

Judgment Date: 07 Feb 02

Summary The fact that the requirements of the Lloyd's Bye-law (No.8 of 1988), the Agency Agreements Bye-law, had not been complied with did not have the result that the agreement between a managing agent and a Lloyd's Name to join a syndicate was void. Facts Appeal by the defendant Lloyd's Name ...

Australia & New Zealand Banking Group Ltd v National Westminster Bank Plc & ors (2002)

Judgment Date: 06 Feb 02

Summary Where an innocent defendant had been joined in an action solely for the purpose of providing information concerning the wrongdoing of other defendants, that defendant should be released when the relief sought had been achieved. In principle, it was wrong to keep a party joined in an action in...

Norman Barry Ellis & David Clayton v Property Leeds (UK) Limited (2002)

Judgment Date: 31 Jan 02

Summary A shareholder could not sue where his pleaded losses were merely a reflection of the losses suffered by the company in which he had an interest. Facts Appeal in respect of two consolidated claims by the claimants ('E') for damages for alleged fraudulent and/or negligent misrepresentation by a...

Folkes Group plc v (1) Shirley Suzanne Alexander (2) Louis Roger Lucas (2002)

Judgment Date: 31 Jan 02

Summary Evidence of negotiations and subjective intention were not admissible when construing the meaning of an amendment to the articles of association of a company in line with the principles in Investors Compensation Scheme Ltd v West Bromwich Building Society (1998)] 1 WLR 896. Facts Application by the claimant, a quoted company listed...

China National Petroleum Corporation & Ors v Fenwick Elliott & Ors (2002)

Judgment Date: 31 Jan 02

Summary There was no clear evidence that the defendants had ever had in their possession any documents that were confidential to the claimants, nor was there any evidence that they or any of their witnesses knew of, or had participated in, any wrongdoing in relation to the circumstances in which...

Government of Sierra Leone v Edward Ormus Sharington Davenport & 6 ors (2002)

Judgment Date: 23 Jan 02

Summary The appeal regime in s.13 Administration of Justice Act 1960 had been superceded by CPR 52.3. The natural meaning of the expression "committal order" in CPR 52.3(1)(a)(i) was an order which committed a party to prison and therefore permission to appeal was required in this case. Facts Claimant's ('GSL') appeal...

Professor Brian Clarke v Marlborough Fine Art (London) (Ltd) & Ors (2002)

Judgment Date: 18 Jan 02

Summary Expert opinion from a lawyer specialising in art law was not likely to provide the court with material assistance in determining the issues of liability in an action concerning alleged breach of fiduciary duty owed by a gallery to an artist. Facts Claimant's application to adduce additional expert evidence...

Dranez Anstalt & Ors v Zamir Hayek & Ors (2001)

Judgment Date: 20 Dec 01

Summary The designer of a mechanical ventilator who was a former director and employee of the claimant companies was not guilty of passing off or misuse of trade secrets or confidential information by setting up a competing business. However, the investors in the claimant companies were entitled to enforce an...

Alexia Diane Donlon v Greythorn Holdings Ltd sub nom In the matter of Greythorn Ltd (2001)

Judgment Date: 18 Dec 01

Summary It was arguable not only that a person invoking the compulsory acquisition procedure under ss.428 to 430F Companies Act 1985 had no right to withdraw a notice given under s.429 of the Act, but also that the court had jurisdiction to require that person to purchase the shares of any...