Results: 117

• Elite Property Holdings Ltd v Barclays Bank plc

  16 Dec 2016 [2016] EWHC 3294 (QB), QBD (Judge Bird sitting as a High Court judge)

  17 Jul 2018 [2018] EWCA Civ 1688; [2019] Bus LR 129; [2018] 2 BCLC 460; [2018] WLR (D) 464, CA (Lindblom, Flaux LJJ)

  Subsequent citations: 3.
  FINANCIAL SERVICES — Redress — Hedging products
  Expand

  Case index catchwords

  FINANCIAL SERVICES — Redress — Hedging products — Claimant companies entering into interest rate hedging products with bank — Bank agreeing with Financial Conduct Authority to review its sale of hedging products under agreement expressly excluding third party rights and to offer appropriate redress to customers — Bank offering limited redress to claimants for consequential loss — Claimants commencing proceedings against bank and subsequently seeking to amend pleadings to include claim of breach of contractual duty to investigate consequential loss — Whether bank carrying out review of sale of hedging products as required by Financial Conduct Authority owing contractual duty to customer in relation to conduct of review

  2 Case(s) considered

• M Davenport Builders Ltd v Greer

  20 Feb 2019 [2019] EWHC 318 (TCC); [2019] Bus LR 1273; [2019] WLR(D) 107, QBD (Stuart-Smith J)

  Subsequent citations: 4.
  BUILDING — Contract — Adjudication
  Expand

  Case index catchwords

  BUILDING — Contract — Adjudication — Adjudicator awarding claimant contractor sum demanded on final account in absence of payment notice or pay less notice from employers — Employers commencing second adjudication seeking determination of true value of contract works without first paying amount of first award — Contractor seeking summary judgment to enforce first award — Whether employers entitled to rely on second adjudicator’s decision on true value by way of set-off or counterclaim

  BUILDING — Contract — Adjudication — Adjudicator awarding claimant contractor sum demanded on final account in absence of payment notice or pay less notice from employers — Employers commencing second adjudication seeking determination of true value of contract works without first paying amount of first award — Contractor seeking summary judgment to enforce first award — Whether employers entitled to rely on second adjudicator’s decision on true value by way of set-off or counterclaim — Whether required to make payment before commencing true value adjudication — Housing Grants, Construction and Regeneration Act 1996 (c 53), s 111 (as substituted by Local Democracy, Economic Development and Construction Act 2009 (c 20), s 144(1))

  2 Case(s) considered

  1 Statute considered

• Reformation Publishing Co Ltd v Cruiseco Ltd

  22 Oct 2018 [2018] EWHC 2761 (Ch); [2019] Bus LR 78; [2018] WLR(D) 657, Ch D (Nugee J)

  Subsequent citations: 2.
  COPYRIGHT — Infringement — Damages
  Expand

  Case index catchwords

  COPYRIGHT — Infringement — Damages — Defendants infringing claimant’s copyright by publishing publicity video using songs subject to copyright owned by claimant without obtaining licence — Video removed from circulation five days later — Whether duration of notional licence to be taken as actual period of infringement or term that would have been agreed in negotiation for licence — Measure of ordinary damages for infringement — Copyright, Designs and Patents Act 1988 (c 48), s 96(2)

  COPYRIGHT — Infringement — Damages — Defendant in breach of copyright posting well-known songs on websites and file sharing platform — Defendant sending link required to access platform to various businesses — Defendant removing songs from websites after five days but file sharing platform remaining active for much longer period — Whether defendant continuing to make “communication to the public” while file sharing platform active — Duration of notional licence on which damages based — Assessment of damages — Copyright, Designs and Patents Act 1988 (c 48), s 20 (as substituted by Copyright and Related Rights Regulations 2003 (SI 2003/2498), r 6(1))

  4 Case(s) considered

  1 Statute considered

• Zako SPRL v Sanidel SA

  21 Nov 2018 (Case C-452/17); EU:C:2018:935; [2019] Bus LR 343; [2019] 1 Lloyd's Rep 377; [2018] WLR (D) 717, ECJ (President of Seventh Chamber, acting as President of Fourth Chamber, T von Danwitz, Judges K Jürimäe, C Lycourgos, E Juhász, C Vajda Advocate General M Szpunar)

  Subsequent citations: 1.
  AGENCY — Agency agreement — Commercial agent

  EUROPEAN UNION — Reference for a preliminary ruling — Self-employed commercial agents
  Expand

  Case index catchwords

  AGENCY — Agency agreement — Commercial agent — Self-employed intermediary having continuing authority to negotiate sale or purchase of goods for or on behalf of another — Whether fact that intermediary performing activities from other’s business premises precluding his classification as “commercial agent” — Whether fact that intermediary performing activities for or on behalf of another as well other kinds of activities for same person precluding his classification as “commercial agent” — Council Directive 86/653/EEC, art 1(2)

  AGENCY — Agency agreement — Commercial agent — Self-employed intermediary performing activities from principal’s business premises — Intermediary’s tasks including activities not related to negotiation of sales or purchase of goods for principal — Whether “commercial agent” — Council Directive 86/653/EEC, art 1(2)

  EUROPEAN UNION — Reference for a preliminary ruling — Self-employed commercial agents — Directive 86/653/EEC — Article 1(2) — Definition of ‘commercial agent’ — Self-employed intermediary performing his activities from the principal’s business premises — Performance of tasks other than those related to the negotiation of sales or the purchase of goods for the principal

  1 EU Enactment considered

• Globalink Transportation and Logistics Worldwide llp v DHL Project & Chartering Ltd

  19 Feb 2019 [2019] EWHC 225 (Comm); [2019] Bus LR 2012; [2019] 2 All ER (Comm) 393; [2019] 1 Lloyd's Rep 630; [2019] WLR (D) 111, QBD (Nicholas Vineall QC sitting as a deputy High Court judge)

  AGENCY — Forwarding agents — Freight

  PRACTICE — Set off — Freight charges
  Expand

  Case index catchwords

  AGENCY — Forwarding agents — Freight — Claimant claiming freight under freight forwarding contract — Defendant counterclaiming — Whether defendant able to raise defence by way of set-off and counterclaim — Whether summary judgment to be granted

  PRACTICE — Set off — Freight charges — Claimant claiming freight charges under freight forwarding contract — Defendants seeking to set off cross-claims against claims — Rule that no deduction by way of set-off from freight charges — Whether rule applying

  2 Case(s) considered

• Singh v Hicken (Singh v Hicken)

  29 Nov 2018 [2018] EWHC 3277 (Ch); [2019] Bus LR 575; [2018] WLR(D) 729, Ch D (Nugee J)

  BANKRUPTCY — Trustee in bankruptcy — Remuneration
  Expand

  Case index catchwords

  BANKRUPTCY — Trustee in bankruptcy — Remuneration — Bankrupt applying for permission to challenge trustee’s remuneration and expenses — Provision requiring bankrupt to establish surplus of assets as precondition to grant of permission — Court thereafter having discretion whether to grant permission — Extent of trustee’s obligation once precondition satisfied — Whether permission to be granted — Correct test for court to apply — Factors relevant to exercise of discretion — Insolvency Rules (England and Wales) 2016 (SI 2016/1024), r 18.35(4)(5)

  BANKRUPTCY — Trustee in bankruptcy — Remuneration — Trustee’s costs and expenses substantially exceeding liabilities of bankrupt’s estate — Bankrupt applying to court for permission to make application on ground trustee’s remuneration and expenses excessive — Judge refusing permission on basis that unlikely that trustee’s costs to be reduced below net realisation figure — Bankrupt appealing on ground that judge applying incorrect test — Whether court considering permission application required to apply guiding principles set out in practice direction — Whether burden of proof on trustee to show remuneration and expenses exceeding available surplus such that permission to be refused — Insolvency Rules (England and Wales) 2016 (SI 2016/1024), r 18.35(4),(5)

  2 Case(s) considered

  1 Statutory Instrument considered
• Airbus SAS v Generali Italia SpA

  22 Oct 2018 [2018] EWHC 2737 (Comm), QBD (Moulder J)

  14 May 2019 [2019] EWCA Civ 805; [2019] Bus LR 2997; [2019] 4 All ER 745; [2020] 1 All ER (Comm) 191; [2019] 2 Lloyd's Rep 59; [2019] WLR (D) 275, CA (Davis, Lewison, Males LJJ)

  Subsequent considerations : 1 negative. Subsequent citations: 11.
  CONTRACT — Construction — Jurisdiction clause

  CONTRACT — Construction — Jurisdiction clause
  Expand

  Case index catchwords

  CONTRACT — Construction — Jurisdiction clause

  CONTRACT — Construction — Jurisdiction clause — English courts having exclusive jurisdiction to settle disputes between aircraft manufacturer and airline arising out of or in connection with manufacturer’s warranties — Landing gear failing to operate properly causing substantial damage to aircraft — Airline’s Italian insurers bringing negligence claim in Italy in exercise of subrogation rights — Claim founded in tort rather than on warranties — Whether Italian proceedings arguably within scope of exclusive jurisdiction clause — Whether court having jurisdiction to grant declaration against insurers that Italian proceedings in breach of jurisdiction clause

  3 Case(s) considered

• Taylor v Van Dutch Marine Holding Ltd (Taylor v Rhino Overseas Inc)

  22 Jul 2019 [2019] EWHC 1951 (Ch); [2019] Bus LR 2610; [2019] WLR (D) 491, Ch D (Julia Dias QC sitting as a deputy High Court judge)

  10 Mar 2020 [2020] EWCA Civ 353; [2020] Bus LR 1486; [2021] 1 All ER 235; [2020] WLR (D) 146, CA (Underhill, Henderson, Arnold LJJ)

  Subsequent citations: 8.
  CONTRACT — Agency — Undisclosed

  PRACTICE — Appeal — Permission to appeal
  Expand

  Case index catchwords

  CONTRACT — Agency — Undisclosed — Claimant obtaining default judgment in claim for breach of contract and misrepresentation — Judgment not satisfied — Claimant joining undisclosed principals to claim — Whether default judgment against agent barring action against undisclosed principals for breach of contract and/or in misrepresentation

  CONTRACT — Agency — Undisclosed — Agency agreement authorising agent to enter into commitments, obligations and liabilities with third parties — Whether authorising agent to enter into short-term bridging loan at high rate of interest

  PRACTICE — Appeal — Permission to appeal — Grounds of appeal including challenge to lower court’s findings of fact — Obligation to address challenge in skeleton argument — CPR Practice Direction 52C, para 5

  4 Case(s) considered

  1 Statutory Instrument considered

• R (Berkeley Burke SIPP Administration Ltd) v Financial Ombudsman Service Ltd

  30 Oct 2018 [2018] EWHC 2878 (Admin); [2019] Bus LR 437; [2020] 1 BCLC 783; [2018] WLR (D) 669, QBD (Jacobs J)

  Subsequent citations: 4.
  FINANCIAL SERVICES — Ombudsman scheme — Jurisdiction
  Expand

  Case index catchwords

  FINANCIAL SERVICES — Ombudsman scheme — Jurisdiction — Claimant providing and administering self-invested personal pensions — Claimant accepting application by customer to invest pension funds in particular scheme — Scheme proving to be fraudulent — Ombudsman upholding complaint against claimant by customer — Whether ombudsman entitled to find claimant failing to act fairly and reasonably in dealings with customer by neglecting to investigate scheme prior to accepting investment — Whether impermissibly creating specific new duty of investigation by reference to general principles — Whether such duty conflicting with other specific rules — Financial Services and Markets Act 2000 (c 8) (as amended by Financial Services Act 2012 (c 21), Sch 11, para 4 and Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No 2) Order 2013 (SI 2013/1881), art 10(7)), ss 228(2), 155 — FCA Handbook, Principles for Businesses, principles 2, 6, COB 11.2.19

  FINANCIAL SERVICES — Ombudsman scheme — Jurisdiction — Claimant providing and administering self-invested personal pensions — Claimant accepting application by customer to invest pension funds in particular scheme on execution-only basis — Scheme proving to be fraudulent — Ombudsman deriving obligation on claimant to conduct due diligence on scheme from regulator’s high-level Principles and upholding customer’s complaint against claimant — Whether permissible to create due diligence duty by reference to Principles — Whether duty conflicting with regulator’s rule requiring firms to execute specific instructions from customers — Financial Services and Markets Act 2000 (c 8), s 228(2) — FCA Handbook, PRIN 2.1.1R(2)(6), COBS 11.2.19R

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• Competition and Markets Authority v Concordia International Rx (UK) Ltd

  16 Jan 2019 [2019] EWHC 47 (Ch); [2019] Bus LR 1000; [2019] WLR(D) 20, Ch D (Marcus Smith J)

  COMPETITION — Investigatory powers — Warrant
  Expand

  Case index catchwords

  COMPETITION — Investigatory powers — Warrant — Competition and Markets Authority obtaining ex parte search and seizure warrant — Nature of inter partes hearing to determine whether warrant to be varied or discharged — Competition Act 1998 (c 41), s 28(1) (as amended by Enterprise and Regulatory Reform Act 2013 (c 24), ss 26, 41, Sch 5, para 8(2), Sch 13, para 2(2) and Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (SI 2004/1261), r 4, Sch 1, para 13(2)(a)(b)) — CPR Practice Direction – Application for a warrant under the Competition Act 1998, para 9.1

  COMPETITION — Investigatory powers — Warrant — Competition and Markets Authority obtaining ex parte warrant to search business premises — Nature of inter partes hearing to determine whether warrant to be varied or discharged — Competition Act 1998 (c 41), s 28(1) (as amended by Enterprise and Regulatory Reform Act 2013 (c 24), ss 26, 41, Sch 5, para 8(2), Sch 13, para 2(2) and Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (SI 2004/1261), r 4, Sch 1, para 13(2)(a)(b)) — CPR Practice Direction—Application for a warrant under the Competition Act 1998

  1 Statute considered

  1 Statutory Instrument considered