(1) Sheikh Mohamed Bin Issa Al Jaber (2) MBI & Partners UK Ltd (3) JJW Hotels & Resorts Ltd v (1) Amjad Elias Salfiti (2) Basem Bosheh (2018)

Judgment Date: 02 Nov 18

Summary A worldwide freezing injunction obtained without notice was discharged for failure to comply with the duty of full and frank disclosure. In any event the claimants had failed to show a good arguable case against the defendants or a risk of dissipation. Facts The defendants applied for the discharge...

(1) Recovery Partners GB Ltd (2) Revoker LLP v Irakli Rukhadze & 8 Ors (2018)

Judgment Date: 01 Nov 18

Summary The court discussed the circumstances in which fiduciary duties could arise in the context of a claim for breach of fiduciary duty arising from a dispute concerning plans to take advantage of a business opportunity to recover the assets of a deceased wealthy businessman. In particular, the court examined...

Charity Commission for England and Wales v Cambridge Islamic College (2018)

Judgment Date: 26 Oct 18

Summary When determining whether a registered charity's name was "too like" another registered charity's name for the purposes of the Charities Act 2011 s.42(2)(a)(ii), the words "too like" were to be given their ordinary meaning; that was a broad and open-ended meaning rather than one that focused entirely on...

Cathal Anthony Lyons v Fox Williams LLP (2018)

Judgment Date: 25 Oct 18

Summary A solicitor instructed to deal with a client's claim under an accident, death and disablement insurance policy had not been under a duty to warn his client about his rights arising out of the same accident under a long-term disability insurance policy which was not covered by the retainer,...

Julia Duval v 11-13 Randolph Crescent Ltd (2018)

Judgment Date: 18 Oct 18

Summary Where several leases covering a block of flats contained an absolute covenant requiring the lessees not to carry out certain actions, and a separate covenant requiring the landlord to enforce the absolute covenant at the request of any other lessee, the landlord would be in breach of the latter...

Courtwood Holdings SA (a company registered & incorporated under the laws of Panama) v Woodley Properties Ltd (a company registered & incorporated under the laws of Jersey) & 10 Ors (2018)

Judgment Date: 09 Oct 18

Summary A company which had contracted with a special purpose vehicle to provide advice regarding land acquisition and planning matters also had a fiduciary duty towards the SPV where the practical reality was that the SPV's directors had no expertise in those matters and were entirely dependent on the advice...

Yuchai Dongte Special Purpose Automobile Company Limited v Suisse Credit Captial (2009) Limited (2018)

Judgment Date: 09 Oct 18

Summary By issuing and sending a letter of credit using the SWIFT network and form MT700, a party had indicated that it was the issuing bank. None of the letter of credit's terms indicated another party was the issuer or the wrong form had been used, and the party's disclaimers...

Reiner v Triplark Ltd (2018)

Judgment Date: 04 Oct 18

Summary A right-to-manage company's failure to give consent to the assignment of a lease did not amount to an unreasonable withholding of consent within the meaning of the Landlord and Tenant Act 1988 s.1 where it had not complied with its obligation under the Commonhold and Leasehold Reform Act 2002 s.98(4) to...

(1) Portland Stone Firms Ltd (2) Stone Firms Ltd (3) Geoffrey Gordon Smith (Trustee Of G King Trust) (4) Timothy Rex Clotworthy (Trustee Of G King Trust) v (1) Barclays Bank Plc (2) KPMG LLP (3) Ian J

Judgment Date: 14 Sep 18

Summary The court struck out a claim by a group of companies that a bank and accountancy firm had purported to support the group through its financial problems but instead conspired to engineer the group's early repayment of its outstanding loan facility where the available evidence did not support the...