Results: 122

• A v C

  12 Feb 2020 [2020] EWHC 258 (Comm); [2020] Bus LR 426; [2020] WLR(D) 89, QBD (Foxton J)

  19 Mar 2020 [2020] EWCA Civ 409; [2020] 1 WLR 3504; [2020] Bus LR 1852; [2020] 4 All ER 874; [2020] 2 All ER (Comm) 631; [2020] 1 Lloyd's Rep 341; [2020] WLR (D) 176; The Times, 26 May 2020, CA (Flaux, Newey, Males LJJ)

  Subsequent citations: 1.
  ARBITRATION — Practice — Examination of witnesses
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  Case index catchwords

  ARBITRATION — Practice — Examination of witnesses — Application for compulsory taking of evidence of non-party for use in arbitration — Non-party resident in England and Wales — Whether court having jurisdiction to make order sought — Relevance of absence of need to serve application out of jurisdiction — Whether application to be granted — Arbitration Act 1996 (c 23), s 44(2)(a) — CPR r 62.5(1)

  ARBITRATION — Practice — Examination of witnesses — Application for compulsory taking of evidence of non-party for use in arbitration seated in New York — Non-party resident in England and Wales — Whether court having jurisdiction to make order sought — Whether application to be granted — Arbitration Act 1996 (c 23), s 44(2)(a)

  7 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• In re Barclays Bank plc

  29 Oct 2018 [2018] EWHC 2868 (Ch); [2020] Bus LR 497; [2019] 2 All ER (Comm) 356; [2019] 1 BCLC 330; [2019] WLR(D) 535, Ch D (Zacaroli J)

  Subsequent citations: 2.
  FINANCIAL SERVICES — Business transfer — Sanction
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  Case index catchwords

  FINANCIAL SERVICES — Business transfer — Sanction — First and second interconnected banks seeking to transfer part of banking businesses — Court only having jurisdiction to sanction bank transfer scheme if transferor deposit-taking institution — Second bank not having authorisation to accept deposits — Whether court having jurisdiction to order transfer of second bank’s business as matter incidental, consequential and supplementary to first bank’s scheme and necessary to secure scheme fully carried out — Financial Services and Markets Act 2000 (c 8), s 112(1)(d)

  1 Case considered

  1 Statute considered

• Martin v Harris

  21 Oct 2019 [2019] EWHC 2735 (Ch); [2020] Bus LR 122; [2019] WLR(D) 579, Ch D (Michael Green QC sitting as a deputy High Court judge)

  ARBITRATION — Appeal — Court’s jurisdiction
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  Case index catchwords

  ARBITRATION — Appeal — Court’s jurisdiction — Costs — Arbitrator making substantive award and separate costs award in defendant’s favour — Claimants successfully appealing substantive award — Whether court having jurisdiction to make order in relation to arbitration costs in absence of specific appeal against costs award — Whether costs award ceasing to have effect once substantive award overturned — Powers available to court consequent on costs award being set aside — Arbitration Act 1996 (c 23), s 69

  ARBITRATION — Appeal — Court’s jurisdiction — Costs — Arbitrator making substantive award and separate costs award in defendant’s favour — Claimants successfully appealing substantive award — Whether court having jurisdiction to make order in relation to arbitration costs in absence of specific appeal against costs award — Whether costs award ceasing to have effect once substantive award overturned — Powers available to court consequent on costs award being set aside — Arbitration Act 1996 (c 23), s 69(1)(7)

  1 Case considered

  1 Statute 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

• In re G & G Properties Ltd (Griffith v Gourgey, In re Pedersen (Thameside) Ltd, Mewslade Holdings Ltd v Gourgey, In re Bankside Hotels Ltd)

  25 Oct 2018 [2018] EWHC 2807 (Ch); [2019] 2 BCLC 174, Ch D (Sir Nicholas Warren)

  22 Nov 2019 [2019] EWCA Civ 2046; [2020] Bus LR 762; [2020] 1 BCLC 1; [2019] WLR (D) 653, CA (Sir Terence Etherton MR, David Richards, Newey LJJ)

  Subsequent citations: 4.
  PRACTICE — Unfair prejudice petition — Amendment

  COMPANY — Unfair prejudice — Petition

  PRACTICE — Pleadings — Amendment
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  Case index catchwords

  PRACTICE — Unfair prejudice petition — Amendment — Petitioners applying to amend petitions and points of claim following strike out — General principles applying to applications to strike out or amend pleadings in unfair prejudice proceedings — Test of attribution of unfairly prejudicial conduct — Whether petitioners’ application to be granted — Companies Act 2006 (c 46), s 996

  COMPANY — Unfair prejudice — Petition — Allegations of breach of duty made against directors in points of claim but not in petition — Whether petition to be struck out — Companies Act (c 46), s 994

  PRACTICE — Pleadings — Amendment — Order striking out respondent’s points of defence following failure to respond to request for information — Court permitting amendment of petition — Whether in light of amendment respondent to be permitted to plead full defence

  1 Case considered

  1 Statute 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
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  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

• Homes of England Ltd v Nick Sellman (Holdings) Ltd

  21 Apr 2020 [2020] EWHC 936 (Ch); [2020] Bus LR 1163; [2020] WLR(D) 259, Ch D (Zacaroli J)

  Subsequent citations: 3.
  PARTNERSHIP — Limited liability partnership — Derivative claim
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  Case index catchwords

  PARTNERSHIP — Limited liability partnership — Derivative claim — Claimant seeking permission to continue derivative claim brought on behalf of limited liability partnership — Whether when considering if to grant permission court required to apply statutory or common law test — Whether applicable test satisfied — Companies Act 2006 (c 46), ss 261, 263(2) — CPR r 19.9C

  PARTNERSHIP — Limited liability partnership — Derivative claim — Claimant seeking permission to continue derivative claim brought on behalf of limited liability partnership — Whether when considering if to grant permission court required to apply statutory or common law test — Whether applicable test satisfied — Companies Act 2006 (c 46), ss 261, 263(2)(3) — CPR r 19.9C

  1 Statute considered

  1 Statutory Instrument considered

• DSG Retail Ltd v Mastercard Inc

  14 Feb 2019 [2019] CAT 5, CAT

  22 May 2020 [2020] EWCA Civ 671; [2020] Bus LR 1360; [2021] 1 All ER (Comm) 63; [2020] WLR (D) 324, CA (Sir Geoffrey Vos C, Flaux, Newey LJJ)

  Subsequent citations: 20.
  LIMITATION OF ACTION — Breach of duty — Concealment of facts

  COMPETITION — Competition Appeal Tribunal — Limitation period
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  Case index catchwords

  LIMITATION OF ACTION — Breach of duty — Concealment of facts — Provision postponing running of limitation period if facts deliberately concealed from claimant and not discoverable with reasonable diligence — Proper approach to applying reasonable diligence test — Limitation Act 1980 (c 58), s 32

  COMPETITION — Competition Appeal Tribunal — Limitation period — Statutory provisions introducing new regime and special limitation period for competition damages claims — Special limitation period not applying if at date of commencement of new regime proceedings barred under previously applicable limitation period — Whether entire proceedings covered by new limitation period if part of damage suffered after commencement of new regime — Competition Act 1998 (c 41), s 47A (as inserted by Enterprise Act 2002 (c 40), s 18(1)) — Competition Appeal Tribunal Rules 2003 (SI 2003/1372), r 31(4) — Competition Appeal Tribunal Rules 2015 ( SI 2015/1648), r 119(1)

  2 Case(s) considered

  2 Statutes considered

  2 Statutory Instruments considered

• Boyle v Burke

  10 Dec 2019 [2019] EWHC 3364 (Ch); [2020] Bus LR 220; [2020] 1 BCLC 524; [2020] WLR (D) 10, Ch D (Michael Green QC sitting as a deputy High Court judge)

  PARTNERSHIP — Dissolution — Transfer of business
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  Case index catchwords

  PARTNERSHIP — Dissolution — Transfer of business — Partners transferring entire business contemplated by constituting partnership deed to corporate vehicle — Former partnership having entitlement to lump sum representing pension right if partnership dissolved — Whether transfer of partnership business effecting dissolution of partnership and triggering claimant’s lump sum entitlement

  2 Case(s) considered

• In re Sunbird Business Services Ltd

  18 Sep 2020 [2020] EWHC 2493 (Ch); [2020] Bus LR 2371; [2021] 2 All ER (Comm) 1019; [2021] 1 BCLC 605; [2020] WLR(D) 536, Ch D (Snowden J)

  Subsequent citations: 8.
  COMPANY — Scheme of arrangement — Convening hearing
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  Case index catchwords

  COMPANY — Scheme of arrangement — Convening hearing — Statutory provision requiring notice summoning meeting of creditors to be “accompanied by” explanatory statement — Court ordering company to circulate notice and accompanying statement at least 21 days before scheme meeting — Statement omitting required information — Company circulating addendum containing required information but less than 21 days before hearing — Whether addendum remedying defect in statement — Whether scheme creditors having full and accurate information concerning scheme — Whether court to sanction scheme — Companies Act 2006 (c 46), s 897

  1 Statute considered