Helena Gorbunova v Boris Berezovsky (aka Platon Elenin) (2013)

Judgment Date: 18 Jan 13

Summary There was sufficient evidence of a risk that an individual might dissipate assets in which his former partner claimed to have an interest to justify granting an interim freezing injunction without notice. However, since the evidence did not demonstrate that the individual had a general propensity to dissipate assets,...

Michael Wilson & Partners Ltd v Sinclair & Ors (2013)

Judgment Date: 16 Jan 13

Summary An order that a Kazakhstan law firm pay interim costs stayed on condition that it pay that sum into court immediately, otherwise its pending appeal would be stayed. It was also just for the firm to pay a sum into court as security for the respondents' costs of the...

Vanessa Schomberg & Ors v David Taylor & 6 Ors (2013)

Judgment Date: 16 Jan 13

Summary A court found that the last will and testament of a deceased had been executed as a result of the undue influence of a person whose children were the principal beneficiaries of that will and under which the deceased's step-children were largely disinherited. The court found in favour of...

Kevin Francis v Solomon Taylor & Shaw (A Firm) (2013)

Judgment Date: 11 Jan 13

Summary A district judge had not erred in refusing to set aside a statutory demand issued following a guarantor's failure to comply with his repayment obligations, as the guarantor had not demonstrated that there was a genuine issue to try. Facts The appellant (F) appealed against a decision of a...

Tallington Lakes Ltd & Neil Morgan v Ancasra International Boat Sales Ltd (2012)

Judgment Date: 21 Dec 12

Summary It was generally accepted practice that if a company could demonstrate that a debt on which a winding-up petition was founded was genuinely disputed on substantial grounds, the petition would be struck out. The extent to which the court should go to determine whether there was such a dispute...

Secretary of State for Business, Innovation & Skills v Nadhan Singh Potiwal (2012)

Judgment Date: 21 Dec 12

Summary The evidence of a company director in disqualification proceedings, asserting his lack of knowledge of his company's involvement in VAT evasion, was struck out as an abuse of process. The VAT tribunal had previously found that the director had knowledge of the VAT evasion, and although there was an...

Insight Group Ltd & Insightsoftware.com Ltd v Kingston Smith (A Firm) (2012)

Judgment Date: 18 Dec 12

Summary In view of its very wide ambit, the test in Owners of the Sardinia Sulcis v Owners of the Al Tawwab [1991] 1 Lloyd's Rep. 201 as to whether it was possible to identify an intended claimant or defendant "by reference to a description which was more or less specific to the...

ANSA Logistics Ltd v Towerbeg Ltd & Ford Motor Co Ltd (2012)

Judgment Date: 18 Dec 12

Summary The defendant landlord's consent to the grant of underleases of commercial land by the claimant tenant to the third-party motor company had been unreasonably withheld. Facts The claimant tenant (X) sought a declaration that the refusal of the defendant landlord (T) to consent to the sub-letting of a 42-acre...

Mirador International LLC v MF Global UK Ltd (2012)

Judgment Date: 13 Dec 12

Summary The court held that the obligation in an introducing broker agreement for the broker on termination to pay sums due on all accounts already introduced, covered accounts where, although the account had been opened during the IBA contract period, the customer had been first introduced by the introducing broker...