Oatley & Ors v Oatley & Ors (2014)

Judgment Date: 14 Apr 14

Summary A voluntary settlement was rectified where the claimants had erroneously been included as settlors which excluded them from the class of beneficiaries. Facts The claimants (C) sought the rectification of a 1995 settlement. C were part of a family which operated a farming business through a family company. Shares in...

Honda Motor Europe Ltd & Ors v Tony Powell & Ors (2014)

Judgment Date: 11 Apr 14

Summary A deed of adherence added a new associated employer to a pension scheme and extended the benefits of the scheme to the new employer's employees. Without further documentation, the deed did not limit those employees to less generous benefits under the scheme, as the employers had intended. Facts The...

Dar Al Arkan Real Estate Development Co v Majid Al-Sayed Bader Hashim Al-Refai & Ors (April 2014)

Judgment Date: 11 Apr 14

Summary The court determined that it was better for a committal application to be heard well before the main trial and for the judge to recuse himself because in an earlier judgment he had reached conclusions adverse to the respondents on issues that were likely to be crucial in the...

T&L Sugars Ltd v Tate & Lyle Industries Ltd (2014)

Judgment Date: 10 Apr 14

Summary CPR r.7.5 and CPR r.6.14 drew a clear distinction between the date when service was effected, and the date upon which it was deemed to have taken place. Service was effected when the step required by r.7.5 was completed, and it was the completion of that step which constituted...

Friends Life Ltd v Siemens Hearing Instruments Ltd (2014)

Judgment Date: 03 Apr 14

Summary A notice given by a business tenant to operate a break clause in a lease was invalid, as it did not comply with the express requirements of the clause. Facts The appellant landlord (F) appealed against a decision that a notice given by the respondent tenant (S) exercising its...

Pavel Sukhoruchkin & 3 Ors v Marc Giebels Van Bekestein & 6 Ors (2014)

Judgment Date: 31 Mar 14

Summary A judge had erred in refusing to continue a worldwide freezing injunction and a proprietary injunction on the basis of the application of the no reflective loss principle. The appellants did have a good arguable case that there had been breaches of fiduciary duties owed by co-joint venturers in...

Liquid Investments Ltd v Revenue & Customs Commissioners (2014)

Judgment Date: 25 Mar 14

Summary An appellant who had instructed a third party to import a car into the United Kingdom did not have locus standi to bring an appeal against a binding tariff information issued by the commissioners to the third party because it was not the "holder" of the BTI. The third...

David Mensah (T/A 37 Days 3 Hours 9 Minutes) v Jeremy Darroch & 8 Ors (2014)

Judgment Date: 19 Mar 14

Summary A claim brought against broadcasting entities that a television show they had launched had been developed using a business proposal submitted to them by the claimant was struck out in its entirety where the claimant had failed to adduce any material facts on which allegations of dishonesty and conspiracy...

In the Matter of Lehman Brothers International (Europe) (In Administration) (2014)

Judgment Date: 14 Mar 14

Summary The "contributory rule", whereby a contributory of a company in liquidation could not recover anything in respect of any claims he might have as a creditor until he had fully discharged his obligations as a contributory, did not extend to administrations. Facts The joint administrators of three companies in...