Nison David Kiwak v (1) Chaim Reiner (2) CHMR Developments Ltd (2017)

Judgment Date: 29 Nov 17

Summary The court rejected a claim that a Rabbi living in Jerusalem had entered into a partnership with a property developer in relation to a London development. Facts The court was required to determine whether the claimant and first defendant had entered into a partnership in relation to a property...

Brian Glasgow (Bankruptcy Trustee Of Harlequin Property SVG Ltd) (Applicant) v ELS Law Ltd & 11 Ors (Respondents) & Bar Council Of England & Wales (Intervener) (2017)

Judgment Date: 28 Nov 17

Summary It was for the legislature, not the courts, to decide whether insurers who had funded an insolvent company's successful claim for damages should be entitled to priority payment of their premiums ahead of unsecured and preferential creditors, by analogy with solicitors' liens. It would be inappropriate for the courts...

In the matter of Olympia Securities Commercial v (1) WDW 3 Investments Ltd (2) Arazim (Gibraltar) Ltd (2017)

Judgment Date: 23 Nov 17

Summary Where a party to a swap agreement had gone bankrupt and the bankruptcy was a default event but the other party had chosen not to serve an early termination notice, the agreement had continued in full force and effect. Consequently, when the other party later committed a default event,...

FBN Bank (Uk) Ltd v (1) Leaf Tobacco A Michailides Sa (2) Leaf Tobacco A Michailidea Ad (2) Mika Korca Sha (4) Alexandros Michailides (2017)

Judgment Date: 21 Nov 17

Summary A bank was granted summary judgment on its claim against a group of companies involved in the tobacco trade and their majority shareholder for the full unpaid principal amount of an outstanding loan plus interest. Facts The claimant bank applied for summary judgment against the defendants (D1-D4).D1...

(1) Koza Ltd (2) Hamdi Akin Ipek v Mustafa Akcil & 5 Ors (2017)

Judgment Date: 16 Nov 17

Summary Where a company whose control was disputed had undertaken not to dispose of funds "other than in the ordinary and proper course of business", expenditure for an arbitration by the company's alleged owner before the International Centre for Settlement of Investment Disputes was not within the undertaking. The expenditure...

Onur Air Tasimacilik AS v Goldtrail Travel Ltd (In Liquidation) (2017)

Judgment Date: 16 Nov 17

Summary The court refused to vary an order requiring an airline to make a £3.64 million payment into court as a condition of its appeal against the payment of the same to settle a judgment debt. The airline's chairman, who had made a very substantial investment in the company and continued...

Tech 21 (Uk) Ltd v Design Blue Ltd (2017)

Judgment Date: 31 Oct 17

Summary A claimant was allowed to amend its particulars of claim to include claims for revocation of a patent and to seek a declaration from the court. Facts The claimant applied to amend its particulars of claim.The defendant had agreed to supply to the claimant material made up of...

Ivey v Genting Casinos (T/A Crockfords Club) (2017)

Judgment Date: 25 Oct 17

Summary The subjective element of the test for dishonesty in R. v Ghosh (Deb Baran) [1982] Q.B. 1053 did not correctly represent the law and directions based on it should no longer be given. When dishonesty was in question, the fact-finding tribunal had first to ascertain the actual state...

Ivey v Genting Casinos (T/A Crockfords Club) (2017)

Judgment Date: 25 Oct 17

Summary The subjective element of the test for dishonesty in R. v Ghosh (Deb Baran) [1982] Q.B. 1053 did not correctly represent the law and directions based on it should no longer be given. When dishonesty was in question, the fact-finding tribunal had first to ascertain the actual state of the...