Results: 55

• Spire Healthcare Ltd v Royal & Sun Alliance Insurance Ltd

  10 Dec 2020 [2020] EWHC 3299 (Comm); [2021] Bus LR 366; [2020] WLR(D) 691, QBD (Judge Pelling QC sitting as a High Court judge)

  11 Jan 2022 [2022] EWCA Civ 17; [2022] Bus LR 170; [2022] WLR(D) 23, CA (Underhill, Bean, Andrews LJJ)

  INSURANCE — Contract — Construction
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  INSURANCE — Contract — Construction — Surgeon working at claimant’s hospital performing operations negligently on first group of patents and carrying out unnecessary surgical procedures on second — Groups bringing proceedings against claimant — Claimant seeking indemnity from defendant insurer following settlement of claims — Policy containing aggregation clause in respect of claims consequent on or attributable to one source or original cause — Whether each group of claims consequent on or attributable to one source or original cause — Whether claims to be aggregated

  INSURANCE — Contract — Construction — Surgeon working at claimant’s hospital performing operations negligently on first group of patents and carrying out unnecessary surgical procedures on second — Groups bringing proceedings against claimant — Claimant seeking indemnity from defendant insurer following settlement of claims — Policy containing aggregation clause in respect of claims consequent on or attributable to one source or original cause — Whether each group of claims consequent on or attributable to one source or original cause — Whether claims to be aggregated

  3 Case(s) considered

• Chelluri v Air India Ltd

  21 Dec 2021 [2021] EWCA Civ 1953; [2022] Bus LR 286; [2022] 2 All ER (Comm) 172; [2022] 2 Lloyd's Rep 57; [2021] WLR(D) 642; The Times, 23 February 2022, CA (Sir Geoffrey Vos MR, Coulson, Stuart-Smith LJJ)

  AIRCRAFT — Carriage by air — Compensation and assistance to passengers
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  AIRCRAFT — Carriage by air — Compensation and assistance to passengers — Claimant making single booking for four connecting flights starting from USA and ending in India — Third leg of journey from UK airport departing more than 48 hours after scheduled departure time — Whether journey to be regarded as comprising one flight or four separate flights — Whether court bound by decision of European Court of Justice — Whether claimant entitled to compensation for delayed third leg — Parliament and Council Regulation (EC) No 261/2004, art 3(1)(a)

  1 Case considered

  1 EU Enactment considered

• National Investment Bank Ltd v Eland International (Thailand) Co Ltd

  17 May 2022 [2022] EWHC 1168 (Comm); [2022] Bus LR 747; [2022] WLR(D) 222, QBD (Foxton J)

  ARBITRATION — Arbitrator — Jurisdiction
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  ARBITRATION — Arbitrator — Jurisdiction — Defendants serving purported notice of arbitration on claimant and applying for court-appointed arbitrator — Claimant not participating in appointment application — Court granting application and awarding costs in defendants’ favour — Appointment statutorily deemed to have been made with parties’ agreement — Claimant seeking declaration that arbitrator lacking jurisdiction — Whether because of deeming provision claimant taken to have participated in appointment proceedings and therefore precluded from challenging arbitrator’s jurisdiction — Whether declaration to be granted — Whether costs order made in appointment proceedings falling away if notice of arbitration invalid — Arbitration Act 1996 (c 23), ss 18, 72

  1 Case considered

  1 Statute considered

• NDK Ltd v HUO Holding Ltd

  01 Jul 2022 [2022] EWHC 1682 (Comm); [2022] Bus LR 761; [2022] WLR(D) 289, QBD (Foxton J)

  Subsequent citations: 1.
  ARBITRATION — Award — Challenge to award
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  ARBITRATION — Award — Challenge to award — Claimant and defendants shareholders in foreign registered special purpose vehicle — Parties entering into shareholder agreement containing arbitration clause — Claimant bringing court proceedings framed solely by reference to special purpose vehicle’s articles of association — Defendants contending proceedings in breach of arbitration clause and obtaining anti-suit relief from arbitral tribunal — Claimant invoking right to challenge award as to tribunal’s “substantive jurisdiction” — Whether grant of anti-suit relief jurisdictional and therefore susceptible to challenge — Whether differences in character between articles of association and shareholders’ contract preventing proceedings being within scope of arbitration clause — Arbitration Act 1996 (c 23), ss 30, 67

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Salt Ship Design AS v Prysmian Powerlink SRL

  24 Dec 2021 [2021] EWHC 3583 (Comm); [2022] Bus LR 238; [2022] WLR(D) 27, QBD (Jacobs J)

  CONFIDENTIAL INFORMATION — Breach of confidence — Trade secrets
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  CONFIDENTIAL INFORMATION — Breach of confidence — Trade secrets — Claimant contractually engaged to carry out design work for defendant — Defendant passing claimant’s design documents to rival designer and contracting construction of vessel based on rival’s design work — Judgment finding defendant breached parties’ contract and equitable duties of confidence — Claimant applying for publicity order requiring defendant to publicise judgment on its website — Factors relevant to making of publicity order — Whether application to be granted — Trade Secrets (Enforcement, etc) Regulations 2018 (SI 597/2018), reg 18 — Parliament and Council Directive 2016/943, recital (31), art 15

  1 Case considered

  1 EU Enactment considered

  1 Statutory Instrument considered

• Patisserie Holdings plc v Grant Thornton UK LLP

  10 Nov 2021 [2021] EWHC 3022 (Comm); [2022] Bus LR 1; [2021] WLR(D) 573, QBD (Moulder J)

  PRACTICE — Disclosure — Business and Property Courts
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  PRACTICE — Disclosure — Business and Property Courts — Defendant complaining claim insufficiently particularised — Claimants applying for disclosure of documents prior to extended disclosure to enable particularisation — Court having power to order disclosure if necessary to enable party to understand case — Whether application within scope of power — Whether parties’ agreement that documents disclosable in due course allowing court to make early extended disclosure — Whether appropriate to make order pursuant to general case management power or court’s inherent jurisdiction — CPR r 3.1(2)(m), PD 51U, paras 5.11, 9.4

  1 Case considered

  1 Statutory Instrument considered

• In re Waterside Nursery Ltd

  16 Feb 2022 [2022] EWHC 327 (Ch); [2022] Bus LR 409; [2022] WLR(D) 117, Ch D (Falk J)

  COMPANY — Shares — Share warrants to bearer
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  COMPANY — Shares — Share warrants to bearer — Arrangements for conversion and cancellation of warrants — Bearer having right to surrender warrants within limited period after which company required to apply to court for cancellation of warrants and shares — Court required either to make order if satisfied bearer notified of right of surrender or make suspended order if not so satisfied — Company making application outside prescribed time limit without having complied with obligation to notify bearer of right of surrender — Whether court having jurisdiction to make order — Small Business, Enterprise and Employment Act 2015 (c 26), Sch 4, paras 5(2), 6(1)(2)

  1 Statute considered
• Philipp v Barclays Bank UK plc

  18 Jan 2021 [2021] EWHC 10 (Comm); [2021] Bus LR 451; [2021] WLR(D) 60, QBD (Judge Russen QC sitting as a High Court judge)

  14 Mar 2022 [2022] EWCA Civ 318; [2022] QB 578; [2022] 2 WLR 872; [2022] Bus LR 353; [2022] WLR(D) 121, CA (Sir Julian Flaux C, Coulson, Birss LJJ)

  Subsequent considerations : 1 neutral; most recently considered: 2022. Subsequent citations: 3.
  BANKING — Duty of care — Execution of customer’s orders
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  BANKING — Duty of care — Execution of customer’s orders — Fraudster inducing claimant to make authorised push payments from her account with defendant bank to overseas accounts — Whether bank having duty to protect claimant from consequences of payments willingly made but induced by fraud

  BANKING — Duty of care — Execution of customer’s orders — Fraudster inducing customer to instruct bank to make authorised transfer from account — Bank under duty not to execute instruction when on inquiry that execution might result in misappropriation of customer’s funds — Whether duty only arising where instruction given by customer’s agent — Whether bank arguably in breach of duty owed to customer

  4 Case(s) considered

• In re West African Gas Pipeline Co Ltd

  09 Dec 2021 [2021] EWHC 3360 (Ch); [2022] Bus LR 232; [2021] WLR(D) 621, Ch D (Miles J)

  Subsequent citations: 1.
  COMPANY — Scheme of arrangement — Foreign corporation
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  COMPANY — Scheme of arrangement — Foreign corporation — Bermudian company proposing parallel interdependent schemes of arrangement in Bermuda and England — Whether proper for English court to exercise jurisdiction to sanction English scheme — Companies Act 2006 (c 46), s 896

  1 Statute considered

• In re ipagoo LLP

  30 Jul 2021 [2021] EWHC 2163 (Ch); [2021] Bus LR 1469; [2021] WLR(D) 453, Ch D (David Halpern QC sitting as a deputy High Court judge)

  09 Mar 2022 [2022] EWCA Civ 302; [2022] Bus LR 311; [2022] WLR(D) 112, CA (Asplin, Popplewell, William Davis LJJ)

  Subsequent citations: 3.
  INSOLVENCY — Administration — Distribution of client money
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  INSOLVENCY — Administration — Distribution of client money — Regulations requiring electronic money institutions to safeguard funds received in exchange for electronic money — Regulations also providing for electronic money holders to be paid from asset pool in priority to other creditors following insolvency event — Whether Regulations creating statutory trust in favour of money holders — Whether funds left unprotected because of institution’s failure to comply with safeguarding obligations forming part of asset pool — Electronic Money Regulations 2011 (SI 2011/99), regs 20, 21, 22, 24

  INSOLVENCY — Administration — Distribution of client money — Regulations implementing EU Directives requiring electronic money institutions to safeguard funds received in exchange for electronic money by segregating and insuring them — Regulations also providing for electronic money holders to be paid from asset pool in priority to other creditors following insolvency event — Whether EU Directives requiring imposition of statutory trust in relation to funds — Whether domestic regulations imposing trust — Extent of asset pool if funds left unprotected because of institution’s failure to comply with safeguarding options — Whether including sum equal to funds not properly safeguarded — Electronic Money Regulations 2011 (SI 2011/99), regs 20, 21, 22, 24 — Parliament and Council Directive 2009/110/EC, art 7(1) — Parliament and Council Directive 2015/2366/EU, art 10(1)(2)

  1 Case considered

  2 EU Enactments considered

  1 Statutory Instrument considered