Results: 132

• Gunewardena v Conran Holdings Ltd

  22 Nov 2016 [2016] EWHC 2983 (Ch); [2017] Bus LR 301; [2016] WLR (D) 639, Ch D (Mann J)

  Subsequent citations: 1.
  COMPANY — Articles of association — Registration
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  Case index catchwords

  COMPANY — Articles of association — Registration — Effect of filing and registration — Whether articles registered at Companies House company’s true articles of association

  1 Case considered

• Green v Wright

  09 Feb 2015 [2015] EWHC 993 (Ch); [2015] BPIR 806, Ch D

  01 Mar 2017 [2017] EWCA Civ 111; [2017] Bus LR 1070; [2017] WLR (D) 143, CA (Lord Justice David Richards, Lord Justice Irwin)

  Subsequent citations: 3.
  BANKRUPTCY — Voluntary arrangement — Certificate of completion
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  Case index catchwords

  BANKRUPTCY — Voluntary arrangement — Certificate of completion — Supervisor issuing certificate of completion of individual voluntary arrangement— Debtor thereby released from all debts subject to arrangement— Supervisor subsequently receiving payments settling claims brought by debtor— Whether payments subject to trusts constituted by arrangement— Whether trusts ceasing on debtor’s release from debts— Insolvency Rules 1986 (SI 1986/1925), r 5.34 (as substituted by Insolvency (Amendment) (No 2) Rules (SI 2002/2712), Sch 1(3), para 24) — Association of Business Recovery Professionals Standard Conditions for Individual Voluntary Arrangements (2004), paras 1, 9(2), 28

  2 Case(s) considered

  1 Statutory Instrument considered

• S Franses Ltd v Cavendish Hotel (London) Ltd

  03 Jul 2017 [2017] EWHC 1670 (QB); [2017] Bus LR 1941; [2017] WLR (D) 503, QBD (Jay J)

  22 Jan 2018 (appn all) [2018] Bus LR 549, SC(E) (Lord Kerr of Tonaghmore, Lord Carnwath, Lord Hughes JJSC)

  05 Dec 2018 [2018] UKSC 62; [2019] AC 249; [2018] 3 WLR 1952; [2018] Bus LR 2504; [2019] 2 All ER 463; [2018] WLR (D) 778; Case details, SC(E) (Baroness Hale of Richmond PSC, Lord Sumption, Lady Black, Lord Briggs, Lord Kitchin JJSC)

  Subsequent citations: 4.
  LANDLORD AND TENANT — Business premises (security of tenure) — Application for new tenancy
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  Case index catchwords

  LANDLORD AND TENANT — Business premises (security of tenure) — Application for new tenancy — Landlord opposing application on ground of intention to carry out substantial works of reconstruction — Landlord contriving scheme of works for sole purpose of obtaining vacant possession — Whether landlord having sufficient intention to carry out scheme — Relevance of landlord’s motive — Whether in assessment of scheme judge failing to exclude works capable of being performed under landlord’s right of entry — Landlord and Tenant Act 1954 (2 & 3 Eliz 2, c 56), s 30(1)(f)(as amended by Law of Property Act 1969 (c 59), s 15, Sch 1)

  LANDLORD AND TENANT — Business premises (security of tenure) — Application for new tenancy — Landlord opposing application on ground of intention to carry out substantial works of reconstruction — Landlord intending to carry out works if necessary to obtain vacant possession but not if tenant vacating voluntarily — Whether landlord having sufficient intention to make out ground of opposition — Relevance of landlord’s motive — Landlord and Tenant Act 1954 (2 & 3 Eliz 2, c 56), s 30(1)(f) (as amended by Law of Property Act 1969 (c 59), s 15, Sch 1)

  5 Case(s) considered

  1 Statute considered

• Mailbox (Birmingham) Ltd v Galliford Try Building Ltd (formerly known as Galliford Try Construction Ltd)

  21 Jun 2017 [2017] EWHC 1405 (TCC); [2017] Bus LR 2103; [2017] WLR (D) 411, QBD (The Hon Mr Justice Coulson)

  Subsequent citations: 1.
  BUILDING — Contract — Adjudication
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  Case index catchwords

  BUILDING — Contract — Adjudication — Contractor putting in limited extension of time submission in defence to claim in adjudication for liquidated damages for delay and seeking to hold over full defence for subsequent adjudication — Adjudicator issuing award in employer’s favour based on consideration of limited defence — Contractor commencing second adjudication and seeking to rely on full extension of time submission in support of claim for unlawful termination — Whether first adjudication decision final and binding with respect to liquidated damages and extensions of time — Whether contractor prevented from commencing second adjudication — Whether adjudicator in second adjudication bound to decide claim for unlawful termination based on determinations as to time and delay in first adjudication

  BUILDING — Contract — Adjudication — Employer bringing adjudication claim against contractor for liquidated damages for delay — Contractor putting in limited extension of time submission in defence — Adjudicator issuing award in employer’s favour based on consideration of limited defence — Contractor commencing second adjudication and seeking to rely on full extension of time submission in support of claim for unlawful termination — Whether first adjudication decision final and binding with respect to liquidated damages and extensions of time — Facts and matters available to contractor in second adjudication

  3 Case(s) considered

• CSSA Chartering and Shipping Services SA v Mitsui OSK Lines Ltd (The Pacific Voyager)

  18 Oct 2017 [2017] EWHC 2579 (Comm); [2017] Bus LR 2125; [2018] 2 All ER (Comm) 62; [2018] 1 Lloyd's Rep 57; [2017] WLR (D) 683, QBD (Popplewell J)

  06 Nov 2018 [2018] EWCA Civ 2413; [2020] Bus LR 192; [2019] 1 All ER (Comm) 875; [2019] 1 Lloyd's Rep 370; [2018] WLR (D) 683, CA (Longmore, King LJJ, Sir Rupert Jackson)

  SHIPPING — Charterparty — Construction
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  Case index catchwords

  SHIPPING — Charterparty — Construction — Parties entering into voyage charter of vessel — Charter not stipulating expected loading date but providing cancelling date and estimated loading dates on previous voyage — Damage to vessel preventing arrival at loading port by cancelling date in charterparty — Whether absolute obligation on vessel’s owner to commence approach voyage to loading port by date which made vessel’s arrival by cancelling date reasonably certain

  SHIPPING — Charterparty — Construction — Vessel chartered out while still performing previous charter — Charter containing expected time of arrival at last discharge port under previous charter but no expected time of arrival or readiness to load at loading port — Charter requiring owner to proceed to port with utmost dispatch — Whether owner’s failure to commence approach voyage to loading port by particular date breach of charter — Relevance of estimates contained in itinerary for previous charter

  4 Case(s) considered

• Davy v Pickering

  19 Feb 2015 [2015] EWHC 380 (Ch); [2015] CN 327, Ch D (Judge Keyser QC)

  24 Jan 2017 [2017] EWCA Civ 30; [2017] Bus LR 1239; [2017] 2 BCLC 260; [2017] WLR (D) 38, CA

  Subsequent citations: 3.
  COMPANY — Winding up — Directions

  COMPANY — Register — Restoration to register
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  Case index catchwords

  COMPANY — Winding up — Directions — Company restored to register — Directions to be made in conjunction with restoration — Claimant seeking directions for the bringing of a winding up petition — Whether appropriate to give directions sought

  COMPANY — Register — Restoration to register — Company restored to Register of Companies after being struck off— Third party seeking direction preventing limitation period from running while company struck off so as to enable him to bring claim— Proper test for granting direction— Whether appropriate to give direction sought— Companies Act 2006 (c 46), ss 1029(1), 1032(3)

  3 Case(s) considered

  1 Statute considered

• Deutsche Bank AG v CIMB Bank Berhad

  25 May 2017 [2017] EWHC 1264 (Comm); [2017] Bus LR 1671; [2017] 2 CLC 155; [2017] WLR (D) 368, QBD (Blair J)

  BANKING — Letter of credit — Payment
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  Case index catchwords

  BANKING — Letter of credit — Payment — Confirming bank claiming to have paid beneficiary under letters of credit and seeking reimbursement from issuing bank — Issuing bank refusing to accept statement alone and making request for further information putting confirming bank to proof of payments to beneficiary — Whether issuing bank required to accept statement by confirming bank that it had paid beneficiary or entitled to proof of payment to beneficiary — Whether further information to be ordered — CPR r 18.1 — Uniform Customs and Practice for Documentary Credits (2007 rev), art 7(c)

  BANKING — Letter of credit — Payment — Confirming bank claiming to have paid beneficiary under letters of credit and seeking reimbursement from issuing bank — Issuing bank refusing to accept statement alone and making request for further information putting confirming bank to proof of payments to beneficiary — Whether issuing bank required to accept statement by confirming bank that it had paid beneficiary or entitled to proof of payment to beneficiary — Whether further information to be ordered — CPR r 18.1 — Uniform Customs and Practice for Documentary Credits (UCP 600) (2007 rev), arts 2, 7(c)

  2 Case(s) considered

  1 Statutory Instrument considered

  1 Standard Form considered

• Fehily v Atkinson

  01 Dec 2016 [2016] EWHC 3069 (Ch); [2017] Bus LR 695; [2016] WLR (D) 643, Ch D (Stephen Jourdan QC)

  Subsequent citations: 1.
  BANKRUPTCY — Voluntary arrangement — Mental capacity
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  Case index catchwords

  BANKRUPTCY — Voluntary arrangement — Mental capacity — Proper test for determining whether person having capacity to enter into arrangement

  4 Case(s) considered

• Victoria Plum Ltd (trading as Victoria Plumb) v Victorian Plumbing Ltd

  18 Nov 2016 [2016] EWHC 2911 (Ch); [2017] Bus LR 363; [2016] WLR (D) 613, Ch D

  Subsequent citations: 9.
  TRADE MARK — Infringement — Honest concurrent use
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  Case index catchwords

  TRADE MARK — Infringement — Honest concurrent use — Claimant and defendant with confusingly similar names co-existing over many years — Defendant bidding on claimant’s name and registered trade marks as keywords on search engine — Whether defendant infringing trade marks — Whether defendant entitled to rely on defence of honest concurrent use — Guidance on applicability of defence

  2 Case(s) considered

• Granada Group Ltd v The Law Debenture Pension Trust Corpn plc

  22 May 2015 [2015] EWHC 1499 (Ch); [2015] Bus LR 1119; [2015] WLR (D) 231, Ch D (Andrews J)

  16 Dec 2016 [2016] EWCA Civ 1289; [2017] Bus LR 870; [2017] 2 BCLC 1; [2016] WLR (D) 686, CA

  Subsequent citations: 2.
  COMPANY — Director — Restrictions on taking financial advantage
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  Case index catchwords

  COMPANY — Director — Restrictions on taking financial advantage — Company charging gilts in favour of trustee as security for obligations to directors under unfunded retirement benefit scheme — Prior shareholder approval required where director or “person connected” with director acquiring non-cash asset from company — Whether directors acquiring non-cash asset by virtue of security arrangement — Whether trustee acting as trustee under “pension scheme” and therefore not connected with directors — Whether security arrangement voidable for lack of shareholder approval — Companies Act 1985, ss 320, 346(3)(b), 739(2)

  COMPANY — Director — Restrictions on taking financial advantage — Company charging gilts in favour of trustee as security for obligations to directors under unfunded retirement benefit scheme — Prior shareholder approval required where director or “person connected” with director acquiring non-cash asset from company — Whether directors acquiring non-cash asset by virtue of security arrangement — Whether trustee acting as trustee under “pension scheme” and therefore not connected with directors — Whether security arrangement voidable for lack of shareholder approval — Companies Act 1985 (c 6), ss 320, 346(3)(b), 739(2)

  4 Case(s) considered

  6 Words & Phrases considered

  1 Statute considered