(1) Mark Alan Holyoake (2) Hotblack Holdings Ltd v Nicholas Anthony Christopher Candy & 5 Ors (2017)

Judgment Date: 27 Feb 17

Summary Where a claimant had waived privilege in certain documents for the purpose of rebutting a suggestion that he had fabricated allegations, the defendant's application for further disclosure on the ground of collateral waiver was refused because the material in respect of which further disclosure was sought was not part...

(1) First Tower Trustees Ltd (2) Intertrust Trustees Ltd v CDS (Superstores International) Ltd (2017)

Judgment Date: 20 Feb 17

Summary A landlord was liable for the cost of remedial works to remove asbestos and of alternative warehouse accommodation whilst those works were carried out where it had misrepresented to the tenant, in its replies to pre-contract enquiries, that it had no knowledge of any environmental problems affecting the property....

(1) J Toomey Motors Ltd (2) (2) Toomey (Southend) Ltd v Chevrolet UK Ltd (2017)

Judgment Date: 20 Feb 17

Summary A car distributor was not liable for any losses sustained by its two remaining franchisee dealerships after it had scaled back its operation following its notice to terminate the franchise agreement. The nature of the franchisees' claim required them to show that the distributor had breached an obligation to...

Kazakhstan Kagazy PLC & ors v Baglan Zhunus & ors (2017)

Judgment Date: 17 Feb 17

Summary A company subject to rehabilitation proceedings had failed to discharge the onus of showing that in all probability an order that it provide security for costs would stifle its claim; it had failed to demonstrate that there were no creditors who could put up the necessary finance and it...

In Re The Estate Of Patel v Patel (2017)

Judgment Date: 10 Feb 17

Summary The court refused to grant the claimant probate of an alleged will of his mother, holding that he had forged the will. Facts The claimant asked the court to grant probate of the alleged last will of his mother, and to revoke the grant of probate to the defendant,...

BTI 2014 LLC v (1) Sequana SA (2) Antoine Courteault (3) Pierre Martinet (4) Clive Mountford (5) Martin Newell: Bat Industries Plc v (1) Sequana SA (2) Windward Prospects Ltd (2017)

Judgment Date: 10 Feb 17

Summary The court considered the relief that should be granted to a successful claimant under the Insolvency Act 1986 s.423. Facts The court considered consequential matters following the judgment in [2016] EWHC 1686 (Ch), [2017] Bus. L.R. 82. The main judgment concerned proceedings brought by the claimant companies for breach of duty against a...

Bilta (UK) Ltd (In Liquidation) v TFS (2023)

Judgment Date: 31 Jan 17

Summary Certain amendments to particulars of claim were allowed where they did not distort and extend the trial. The amendments related to evidence that had arisen from German trades that were part of alleged VAT fraud involving the sale and purchase of European Union allowances under the European Emission Trading...

Ian Gillan v (1) HEC Enterprises Ltd (in administration) (2) Deep Purple (overseas) Ltd (2017)

Judgment Date: 26 Jan 17

Summary The court was required to determine consequential and costs issues after giving judgment on an application for permission to continue proceedings against two companies in administration, and an application by the administrators to be indemnified out of trust assets under the principle in Berkeley Applegate (Investment Consultants) Ltd (No.1),...

Ian Gillan v HEC Enterprises Ltd (2017)

Judgment Date: 25 Jan 17

Summary The court refused an application by administrators for the court to review findings made in a previous hearing by reference to "without prejudice save as to costs" material. Facts The court had to determine whether it could revise certain conclusions it had reached in [2016] EWHC 3179 (Ch), [2017] 1 B.C.L...