Neale v Whitney Electric Theatre (2011)

Judgment Date: 15 Jul 11

Summary A judge had not erred in exercising his discretion when determining interim rent under the Landlord and Tenant Act 1954 s.24D. Facts The appellant business tenant (T) appealed against the determination of an interim rent under the Landlord and Tenant Act 1954 s.24D. Between 1992 and 2006, T had paid rent...

F&C Alternative Investments (Holdings) Ltd v Francois Barthelemy, Anthony Culligan (2011)

Judgment Date: 14 Jul 11

Summary It was not in the public interest for a final judgment which addressed a number of financial regulatory issues to be suppressed as a condition of a settlement agreement between the private litigating parties. Facts The applicants (B) applied for a final judgment not to be handed down in...

F&C Alternative Investments (Holdings) Ltd v Barthelemy and Culligan (2011)

Judgment Date: 14 Jul 11

Summary Members of a limited liability partnership owed no statutory fiduciary duties to each other nor could such duties be derived from existing partnership law but only from express contractual terms. Facts Judgment was given in three interrelated proceedings to resolve disputes between H, the corporate member of a Limited...

Chief Land Registrar v Leonard Stuart Silkstone (2011)

Judgment Date: 14 Jul 11

Summary The adjudicator to HM Land Registry had discretion to grant or refuse a party's application to withdraw from a reference under the Land Registration Act 2002 s.73(7) upon such terms as he considered just. However, a party could not bring the reference to an end by unilateral withdrawal. Facts The...

Munib Masri v Consolidated Contractors International Co SAL & 6 Ors (2011)

Judgment Date: 13 Jul 11

Summary Proceedings in England and Greece did not involve the same cause of action for the purposes of Regulation 44/2001 art.27 but they were related proceedings giving rise to a risk of irreconcilable judgments within art.28 and the proper course was to stay the English action. Facts The applicants applied for...

Trevor Horn, Carlo Dinardo & Rowanmoor Trustees Ltd v Commercial Acceptance Ltd (2011)

Judgment Date: 08 Jul 11

Summary In the circumstances and on the proper interpretation of the loan agreement between the parties the claimant investors were entitled to recover their contribution in full. Facts The claimants (T) sought relief in respect of a loan agreement under which the borrowers failed to make repayment and the security...

Berezovsky v Hine & Ors (2011)

Judgment Date: 07 Jul 11

Summary The court granted an order striking out a new statement of case lodged on behalf of the claimant in Commercial Court proceedings. Facts The defendant (R) in Commercial Court proceedings known as "the Abramovich action" applied to strike out various parts of a new statement of case lodged on...

NML Capital Ltd v Argentina (2011)

Judgment Date: 06 Jul 11

Summary Under the Civil Jurisdiction and Judgments Act 1982 s.31, a state did not enjoy immunity in respect of proceedings to enforce a foreign judgment against it where the normal conditions for recognition of judgments were fulfilled and the state would not have been immune had the foreign proceedings been brought...

Tetra Pak Limited v Oracle Corporation UK Limited (2011)

Judgment Date: 01 Jul 11

Summary An application for an interim injunction preventing a lessor from blocking vehicular access to the front of office premises was refused where there were significant safety concerns for pedestrians, and an alternative means of vehicular access to the premises, although less visually attractive, was available. Facts The claimant lessee ...