Lambert v MCM Select Foods Ltd (2008)

Judgment Date: 27 Nov 08

Summary The court interpreted a clause in a shareholders' agreement on the basis that the inclusion of words of obligation in a transfer of shares provision did not, on their own, oblige shareholders to purchase the shares of shareholders who were no longer employed by the relevant company. Facts The...

St Ivel Ltd & Uniq Prepared Foods Ltd v Wincanton Group Ltd (2008)

Judgment Date: 26 Nov 08

Summary On a proper construction of an agreement, which required a supplier of warehouse services to give credit to the user for additional business secured by the supplier in order to utilise spare capacity, the additional business did not include business conducted from an extension to the warehouse. Facts The...

Christos Kyriacou Sava v SS Global [2008]

Judgment Date: 25 Nov 08

Summary In claims for adverse possession where continued use of the land by the paper owner was alleged, there was no principle of law to the effect that the paper owner would have to establish use in the period immediately after the claimed ouster. Facts The appellant (S) appealed against...

Arla Foods UK plc v Barnes and others [2009] 1 BCLC 699

Judgment Date: 21 Nov 08

Chancery Division trial, breach of contract. Instructed as junior counsel for claimant.

A v B (2008)

Judgment Date: 13 Nov 08

Summary Where a business understanding had not been contractually formalised, the claimant had failed to make out a case based on proprietary estoppel or a constructive trust as her expectation of an enforceable contract was contingent upon the successful outcome of ongoing negotiations and she had not conferred any advantage...

Tagore Investments SA v Official Receiver (2008)

Judgment Date: 11 Nov 08

Summary On the facts, the applicant company was entitled, under the Insolvency Act 1986 s.346(6), to relief from the consequences of s.346(1)(a) so that it could retain the benefit of a charging order over a property which it would otherwise have lost due to the intervening bankruptcy of the property...

Progress Property Co Ltd v Tradegro (UK) Ltd (2008)

Judgment Date: 05 Nov 08

Summary An indemnity notice seeking reimbursement of sums payable following repairs to leasehold property had been valid where there had been no requirement that the schedule of repairs ought to have been subjected to critical analysis in order to reduce it to a final proper figure at the indemnity stage....

In re the Estate of Rene Rivkin [2008]

Judgment Date: 29 Oct 08

Summary The term "correspondence" in the European Convention on Human Rights 1950 art.8 was not limited to letters still in the possession of the writer or in the process of transmission, but would be expected to apply to exchanges of letters in whoever's hands they were. Facts The court determined the...

Risegold Ltd v Escala Ltd (2008)

Judgment Date: 28 Oct 08

Summary The redevelopment of a property constituted "rebuilding or renewal" within the meaning of a right of entry that accordingly permitted the property owner to enter the adjoining property for the purpose of carrying out the works. Facts The appellant (R) appealed against a decision ((2008) EWHC 21 (Ch), (2008) 12 EG 102) refusing to...