Lynn Shellfish Ltd v Loose (2016)

Judgment Date: 13 Apr 16

Summary The extent of an exclusive prescriptive right to take cockles and mussels from a stretch of the foreshore on the east side of the Wash, on the west coast of Norfolk, was to be determined, on its western, seaward boundary, by reference to the lowest astronomical tide. The right...

Bilta (UK) Ltd (in liquidation) and others v Nazir [2016] AC 1

Judgment Date: 01 Apr 16

Supreme Court decision on dishonest assistance, conspiracy, director’s breach of duty, corporate attribution, illegality and fraudulent trading (led by Christopher Parker KC) arising out spot trading in carbon credits.

Kitzing v Fuller (2016)

Judgment Date: 31 Mar 16

Summary It was not appropriate to grant the claimant an interim injunction restraining the defendant landowner from interfering with her sporting rights, which primarily involved the shooting of game, over his land: there was no real risk that the defendant would embark upon or resume any of the activities which...

Lehman Brothers Luxembourg Investments v Lehman Brothers UK Holdings Ltd (2016)

Judgment Date: 21 Mar 16

Summary The UK subsidiary of a Luxembourg company was "solvent" for the purposes of a solvency condition in subordinated loan facility agreements between the companies. Accordingly, part repayments made, or expected to be made, by the subsidiary to the parent company were held by the parent company free from any...

Davidson v Seelig & Ors (2016)

Judgment Date: 15 Mar 16

Summary The purported protector of a trust was refused permission to re-amend his defence and bring a counterclaim in proceedings challenging the validity of his appointment. The application for re-amendment had been made very late, jeopardising the trial date, and raised significant new issues without any explanation for the delay....

(1) Gerald Abraham Davidson (2) Maxine Yvette Davidson v Roger Hugh Knight Seelig & 5 Ors (2016)

Judgment Date: 15 Mar 16

Summary The purported protector of a trust was refused permission to re-amend his defence and bring a counterclaim in proceedings challenging the validity of his appointment. The application for re-amendment had been made very late, jeopardising the trial date, and raised significant new issues without any explanation for the delay....

Jackson & Anor v Feeney (2016)

Judgment Date: 10 Mar 16

Libyan Investment Authority v Societe Generale SA & 5 Ors (2016)

Judgment Date: 09 Mar 16

Summary A confidentiality club was necessary to protect persons in Libya who were reported to have received sizeable sums of money from a source associated with the Gaddafi regime, even though that might to some extent inhibit the claimant's ability to prepare its case. Facts The claimant Libyan Investment Authority...

FHR European Ventures LLP v Mankarious & Cedar Capital (2016)

Judgment Date: 02 Mar 16

Summary The court examined the principles of tracing and determined that where a fiduciary had paid trust money into one account and its own money into another account held at the same bank, the funds could not be said to have been mixed. In such circumstances, the principles of tracing...