Results: 99

• Emerald Supplies Ltd v British Airways plc (No 1) (Air Canada, third parties) (Korean Airlines Co Ltd, fourth parties) (Emerald Supplies Ltd v British Airways plc (No 2) (Air Canada, third parties) (Polar Air Cargo llc, fourth parties))

  28 Oct 2014 [2014] EWHC 3513 (Ch); [2014] CN 1855, Ch D (Peter Smith J)

  14 Oct 2015 [2015] EWCA Civ 1024; [2016] Bus LR 145; [2015] WLR (D) 411, CA

  23 May 2016 (appn dis) [2016] Bus LR 713, SC(E)

  Subsequent citations: 12.
  PRACTICE — Judgment — Redaction

  COMPETITION — Commission decision — Presumption of innocence

  TORT — Cause of action — Intention to injure
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  Case index catchwords

  PRACTICE — Judgment — Redaction — European Commission issuing Decision — Defendant making redactions to Decision — Claimants seeking review of lawfulness of redactions — Whether possible for English judge to order disclosure of European Decision in un-redacted form — Whether protections necessary in making such an order — Whether decision of English court on such an application potentially conflicting with future EC decisions

  COMPETITION — Commission decision — Presumption of innocence — Duty of sincere co-operation — Commission issuing confidential Decision containing infringement findings or allusions to infringements not in operative part — Claimants bringing damages proceedings in national court seeking disclosure of unredacted confidential version of Decision — Commission subsequently publishing provisional non-confidential version with protected material redacted — Judge directing disclosure of unredacted confidential version to confidentiality ring — Application of EU principle of presumption of innocence to national proceedings — Whether national court obliged to afford same protection as afforded at Community level — EU Treaty, art 4(3)EU — FEU Treaty, art 101FEU — Charter of Fundamental Rights of the European Union, art 48

  TORT — Cause of action — Intention to injure — Commission finding defendant infringing competition law — Claimants issuing proceedings claiming unlawful interference with business and unlawful means conspiracy arising out of alleged unlawful cartel — Defendant applying to strike out economic torts — Whether claimants showing necessary intent to injure particular claimants

  8 Case(s) considered

  3 EU Enactments considered
• ZVI Construction Co llc v University of Notre Dame (USA) In England

  02 Aug 2016 [2016] EWHC 1924 (TCC); [2016] Bus LR 1311; [2016] WLR (D) 465, QBD (Stephen Furst QC sitting as a deputy High Court judge)

  Subsequent considerations : 1 positive. Subsequent citations: 1.
  BUILDING — Contract — Dispute resolution procedure
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  Case index catchwords

  BUILDING — Contract — Dispute resolution procedure — Development agreement providing for sale of property — Completion of sale conditional on completion of works to be carried out by builder — Agreement providing for determination of disputes by expert — Buyer obtaining expert’s determination against builder — Builder subsequently contending dispute resolution clause restricted to disputes between buyer and seller — Whether builder by its conduct impliedly conferring jurisdiction on expert — Whether bound by expert’s determination

  2 Case(s) considered

• Imperator I Maritime Co v Bunge SA (The Coral Seas)

  24 Jun 2016 [2016] EWHC 1506 (Comm); [2016] Bus LR 876; [2016] 2 Lloyd's Rep 293; [2016] WLR (D) 339, QBD (Phillips J)

  SHIPPING — Charterparty — Construction
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  Case index catchwords

  SHIPPING — Charterparty — Construction — Charterparty containing speed warranty — Vessel suffering marine fouling in ordinary course of charterer’s use resulting in under performance — Whether owner able to rely on defence that under performance resulting from compliance with charterers’ orders

  1 Case considered

• In re Melodious Corpn (Chan Pui-Kwan v Leung Kam-Ho)

  10 Mar 2015 [2015] EWHC 621 (Ch); [2016] Bus LR 101; [2015] 2 All ER (Comm) 1139; [2015] 1 BCLC 518; [2015] WLR (D) 162, Ch D (Sir Terence Etherton C)

  Subsequent citations: 3.
  INSOLVENCY — Administration — Appointment of administrators

  INSOLVENCY — Liquidation — Conversion from administration
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  Case index catchwords

  INSOLVENCY — Administration — Appointment of administrators — Decision to appoint administrator by single director at inquorate meeting — Statutory provision that insolvency proceedings not invalidated by formal defect or irregularity — Whether provision saving administrator’s appointment — Whether company placed in administration — Insolvency Rules 1986 (SI 1986/1925), r 7.55

  INSOLVENCY — Liquidation — Conversion from administration — Administrator sending Registrar of Companies notice of conversion of administration to liquidation — Notice sent just prior to expiry of administrator’s term of office — Whether liquidation effective if notice received after expiry of term — Insolvency Act 1986 (c 45), Sch B1, para 83(6) (as inserted by Enterprise Act 2002 (c 40), s 248, Sch 16, para 1)

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• In re Cooke (A Bankrupt) (Cooke v Dunbar Assets plc)

  29 Jul 2016 [2016] EWHC 1888 (Ch); [2016] Bus LR 960; [2016] WLR (D) 444, Ch D (Jeremy Cousins QC sitting as a deputy High Court judge)

  Subsequent considerations : 1 negative. Subsequent citations: 2.
  BANKRUPTCY — Appeal — Costs
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  Case index catchwords

  BANKRUPTCY — Appeal — Costs — Debtor’s appeal against bankruptcy order dismissed — Appropriate order as to costs — Insolvency Rules 1986, r 12.2

  2 Case(s) considered

  1 Statutory Instrument considered

• SimplySure Ltd v Personal Touch Financial Services Ltd

  17 May 2016 [2016] EWCA Civ 461; [2016] Bus LR 1049; [2016] WLR (D) 265, CA

  Subsequent citations: 3.
  FINANCIAL SERVICES — Regulated activities — Arranging deals in investments
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  Case index catchwords

  FINANCIAL SERVICES — Regulated activities — Arranging deals in investments — Adviser filling in questionnaire with information provided by potential client to enable advice to be given concerning insurance — Whether making “arrangement” for person to buy investments — Whether “regulated activity” — Financial Services and Markets Act 2000 (c 8), s 19 — Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544), art 25(1)(2)

• Football Association Premier League Ltd v Wells

  07 Dec 2015 [2015] EWHC 3910 (Ch); [2016] Bus LR 350; [2016] WLR (D) 39, Ch D (Snowden J)

  COPYRIGHT — Infringement — Broadcast
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  Case index catchwords

  COPYRIGHT — Infringement — Broadcast — Enforcement of intellectual property rights — Defendants infringing claimant’s copyright by transmitting football matches to members of public without consent — Claimant seeking order requiring defendants to identify persons providing them with goods or services enabling them to screen football matches — Whether jurisdiction to make order — Parliament and Council Directive 2004/48/EC, art 8

  1 Case considered

  1 EU Enactment considered

• In re Zavarco (No 2) (Blomqvist v Zavarco plc (No 2), Blomqvist v Teoh)

  17 May 2016 [2016] EWHC 1143 (Ch); [2016] Bus LR 907; [2017] 1 BCLC 373; [2016] WLR (D) 286, Ch D

  Subsequent citations: 1.
  COMPANY — Shares — Rights attached to
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  Case index catchwords

  COMPANY — Shares — Rights attached to — Directors required to call general meeting if requested by members representing at least 5% of company’s paid up capital — Directors asserting that majority shareholder’s shares unpaid — Whether estopped from making assertion — Whether meeting to be called — Companies Act 2006 (c 46), ss 303, 305

  1 Case considered

  1 Statute considered

• Macris v Financial Conduct Authority

  19 May 2015 [2015] EWCA Civ 490; [2015] Bus LR 1141; [2016] 2 All ER 265; [2015] Lloyd's Rep FC 445; [2015] WLR (D) 219, CA

  03 Nov 2015 (appn all) [2016] Bus LR 1, SC(E)

  22 Mar 2017 [2017] UKSC 19; [2017] 1 WLR 1095; [2017] Bus LR 643; [2017] 4 All ER 1027; [2017] WLR (D) 195; Case details, SC(E)

  Subsequent citations: 1.
  FINANCIAL SERVICES — Financial Conduct Authority — Notices
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  Case index catchwords

  FINANCIAL SERVICES — Financial Conduct Authority — Notices — Third party rights — Financial Services Authority issuing notices against bank — Claimant seeking third party rights as person prejudicially identified in notices — Whether claimant identified — Correct test to be applied — Financial Services and Markets Act 2000, s 393 (as amended by Financial Services Act 2012, Sch 9(6), para 32)

  FINANCIAL SERVICES — Financial Conduct Authority — Notices — Financial Conduct Authority issuing notices against bank — Claimant seeking third party rights as person prejudicially identified in notices — Whether claimant identified — Correct test to be applied — Financial Services and Markets Act 2000 (c 8), s 393 (as amended by Financial Services Act 2012 (c 21), s 37, Sch 9, para 32)

  2 Case(s) considered

  1 Statute considered

• Hewlett-Packard Belgium SPRL v Reprobel SCRL

  12 Nov 2015 (Epson Europe BV intervening) (Case C-572/13); [2016] Bus LR 73; [2016] ECDR 2; [2015] WLR (D) 454; EU:C:2015:750, ECJ

  Subsequent citations: 6.
  COPYRIGHT — Authors’ rights — Reproduction

  EUROPEAN UNION — Reference for a preliminary ruling — Approximation of laws
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  Case index catchwords

  COPYRIGHT — Authors’ rights — Reproduction — Reprography and private copying exceptions — Rightholders entitled to fair compensation for copying of protected works within exceptions — Whether “fair compensation” to be interpreted differently depending on if act of reproduction effected by any user or by natural person for private use — Parliament and Council Directive 2001/29/EC, art 5(2)(a)(b)

  EUROPEAN UNION — Reference for a preliminary ruling — Approximation of laws — Intellectual property — Copyright and related rights — Directive 2001/29/EC — Exclusive reproduction right — Exceptions and limitations — Article 5(2)(a) and (b) — Reprography exception — Private copying exception — Requirement for consistent application of exceptions — Concept of ‘fair compensation’ — Recovery of remuneration as fair compensation for multifunction printers — Proportional remunerative payment — Lump-sum remunerative payment — Accumulation of lump-sum and proportional remunerative payments — Method of calculation — Recipients of fair compensation — Authors and publishers — Sheet music

  1 Case considered

  1 Words & Phrases considered

  1 EU Enactment considered