Matchmove Ltd v (1) Mark Dowding (2) Jane Church (2016)

Judgment Date: 07 Dec 16

Summary An oral agreement for the sale of land was held to be enforceable in equity under a constructive trust despite not being evidenced in writing where both parties had considered it to be immediately binding upon them, and where the prospective buyer had then acted to his detriment in...

Holyoake v Candy & 5 Ors (2016)

Judgment Date: 29 Nov 16

Summary The court considered the circumstances in which a defendant who had withdrawn a security for costs application might be entitled to make a second application without giving rise to abuse of process. It also indicated that where a security for costs application was withdrawn by consent, a defendant did...

Desmond Gunewardena v Conran Holdings Ltd (2016)

Judgment Date: 22 Nov 16

Summary If members of a company amended its articles of association by special resolution, but filed an incorrect version of the articles at Companies House, that did not affect the validity of the amended articles. Their status did not depend on registration. Facts The claimant challenged the exercise of pre-emption...

Smith (Personal Representative of Hugh Smith (Deceased) & Ors v Molyneaux (2016)

Judgment Date: 21 Nov 16

Summary In a possession claim relating to a shack in which adverse possession was raised as a defence, the first-instance judge had been entitled to find that the defendant had occupied the shack with the claimant owners' permission, so that adverse possession did not apply. Facts The appellants appealed against...

Millgate Developments Ltd v Smith (2016)

Judgment Date: 18 Nov 16

Summary The tribunal ordered the modification of a covenant not to build on a plot of land on which a developer, in knowing breach of the covenant, had built an affordable housing development. Notwithstanding that the adjoining land benefiting from the covenant was intended for use as a children's hospice...

National Infrastructure Development Co Ltd v Banco Santander SA (2016)

Judgment Date: 09 Nov 16

Summary A beneficiary was entitled to summary judgment in respect of standby letters of credit issued by the defendant bank as security for the obligations of a Brazilian contractor in relation to a major construction project in Trinidad. It was not seriously arguable that the fraud exception applied because the...

PJSC Tatneft v Gennadiy Bogolyubov & ors (2017)

Judgment Date: 08 Nov 16

Summary The court granted two defendants summary judgment in a claim against them by a Russian oil company on the basis that the claim had no real prospect of success. It also set aside an order permitting service out of the jurisdiction on two other defendants, as there was no...

Tatneft v Bogolyubov & Ors (2016)

Judgment Date: 08 Nov 16

Summary The court granted two defendants summary judgment in a claim against them by a Russian oil company on the basis that the claim had no real prospect of success. It also set aside an order permitting service out of the jurisdiction on two other defendants, as there was no...

Oakdene Homes Plc (In liquidation) v Carl Stephen Turpin (2016)

Judgment Date: 03 Nov 16

Summary The liquidators of a construction company succeeded in their claim against its director for monies outstanding in relation to a subscription of company shares and for the proceeds of sale of a property belonging to the company, which the director had misappropriated. Facts A construction company, acting through its...