D Ltd v A & Ors (2017)

Judgment Date: 28 Jul 17

Summary A judge's decision to stay private criminal proceedings as an abuse of process could not stand where there was an error of law and principle in her approach in reaching the decision she reached, and in consequence her ruling was one which it was not reasonable for her to...

Mark Alexander Newson-Smith v Alawi Quais Abdul Mumem Al Zawawi (2017)

Judgment Date: 21 Jul 17

Summary Permission to bring committal proceedings against a director of two companies was refused as the proceedings would not serve the public interest; there was a risk that the applicant, who was a judgment creditor of the companies, was trying to pressurise the director into paying a debt he was...

Courtwood Holdings SA v Woodley Properties Ltd & ors (2017)

Judgment Date: 14 Jul 17

Summary A proprietary injunction preventing a company from disposing, dealing with or diminishing the value of overage held on trust was varied to allow the company to pay surveyor's fees, incurred for negotiating an advance against the total overage ultimately due, from the money received as a result of the...

Nikolay Viktorovich Maximov v Open Joint Stock Co “Novolipetsky Metallurgichesky Kombinat” (2017)

Judgment Date: 07 Jul 17

Summary The court refused an application to enforce an arbitration award made in Russia which had been later set aside by the Russian Commercial Court. An appeal to the Russian appeal court had also failed. Despite criticism of the Russian judgments, they were not so perverse that they could only...

Pearson v Primeo Fund (2017)

Judgment Date: 06 Jul 17

Summary Where a Cayman Islands company had issued redeemable shares and had later been wound up, an investor which had redeemed its shares under the terms of the company's articles, but which had not received payment of the proceeds before the commencement of the winding-up, had redeemed the shares for...

Jagdish Lakhani & anor v Ibrahim Sheikh Abadullah Mahmud & Ors (2017)

Judgment Date: 05 Jul 17

Summary A judge had been correct to restrict the defendants' recoverable costs to court fees only under CPR r.3.14 where they had served their costs budget late without a reasonable excuse. Although the decision was on the tougher end of the spectrum as to substance and on the leaner end...

(1) Patricia Ann Jones (2) David Jones v (1) Timothy Paul Oven (2) Ruth Oven (2017)

Judgment Date: 28 Jun 17

Summary On the proper construction of a commercial agreement, a strip of land that had to be retransferred back to its original owners was subject to restrictive covenants which applied to the rest of the owners' retained land. The parties' intention had been for the owners' retained land to be...