Results: 39

• BBGP Managing General Partner Ltd v Babcock & Brown Global Partners

  20 Aug 2010 [2010] EWHC 2176 (Ch); [2011] Ch 296; [2011] 2 WLR 496; [2011] Bus LR 466; [2011] 2 All ER 297; [2010] WLR (D) 238, Ch D (Norris J)

  Subsequent citations: 16.
  EVIDENCE — Privilege — Legal professional privilege
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  EVIDENCE — Privilege — Legal professional privilege — Investment group establishing defendant limited partnership — Limited partners including second and third claimants — Investment group establishing first claimant to be defendant's general partner and appointing one of its employees as executive director — Dispute arising between defendant and investment group — First claimant's executive director retaining solicitors in relation to dispute — Director in breach of fiduciary duty seeking advice from same solicitors regarding removal of first claimant as general partner — Advice e-mailed to director and stored on investment group's database — First claimant bringing action against defendant following its removal as general partner — Communications to and from solicitor found on investment group's database — Whether communications privileged — Identity of solicitor's clients — Whether use of investment group's e-mail accounts and consequent storage on its database resulting in loss of confidentiality and privilege — Whether defendant entitled to assert privilege against first to third claimants — Whether first claimant entitled to share material with its corporate shareholder — Whether shareholder in turn entitled to share it with its shareholders — Whether defendant's use of director to help secure removal of first claimant engaging iniquity principle — Whether evidence disclosing strong prima facie case of iniquity — Whether defendant losing privilege

  7 Case(s) considered
• Emerald Supplies Ltd v British Airways plc

  08 Apr 2009 [2009] EWHC 741 (Ch); [2010] Ch 48; [2009] 3 WLR 1200, Ch D

  18 Nov 2010 [2010] EWCA Civ 1284; [2011] Ch 345; [2011] 2 WLR 203; [2010] WLR (D) 294, CA

  Subsequent considerations : 3 positive; 1 neutral. Subsequent citations: 20.
  PRACTICE — Parties — Representative action
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  PRACTICE — Parties — Representative action — Claimants alleging defendant party to unlawful price fixing in air freight services — Claimants suing on own behalf and on behalf of all other direct or indirect purchasers of air freight services affected by alleged price fixing — Whether all purchasers having “same interest” in claim — Whether representative element of claim to be struck out — CPR r 19.6

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statutory Instrument considered
• Perrins v Holland (In re Perrins, decd, Perrins v Dooney)

  31 Jul 2009 [2009] EWHC 1945 (Ch); [2009] WTLR 1387, Ch D (Lewision J)

  21 Jul 2010 [2010] EWCA Civ 840; [2011] Ch 270; [2011] 2 WLR 1086; [2011] 2 All ER 174; [2010] WTLR 1415; [2010] WLR (D) 196; (2010) 160 NLJ 1076, CA (Sir Andrew Morritt C, Moore-Bick, Jackson LJJ)

  Subsequent considerations : 1 positive. Subsequent citations: 20.
  WILL — Validity — Testamentary capacity
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  WILL — Validity — Testamentary capacity — Testator having testamentary capacity when giving instructions for will — Will drawn up in accordance with testator's instructions — Testator when executing will lacking full testamentary capacity but aware of its contents — Testator's intentions remaining unchanged at time of execution — Whether requirement that testator have testamentary capacity when will executed — Whether requirement that testator know of and approve contents of will importing need for testamentary capacity at date of execution — Whether sufficient that testator accepting contents as representing his true intention — Whether will valid

  5 Case(s) considered
• Leeds Group plc v Leeds City Council (R (Leeds Group plc) v Leeds City Council)

  21 Apr 2010 [2010] EWHC 810 (Ch), Ch D (Judge Behrens)

  20 Dec 2010 [2010] EWCA Civ 1438; [2011] Ch 363; [2011] 2 WLR 1010; [2011] LGR 331, CA (Arden, Sullivan, Tomlinson LJJ)

  17 May 2012 (appn dis) [2012] 1 WLR 1912, SC(E)

  Subsequent considerations : 2 neutral. Subsequent citations: 8.
  COMMONS — Town or village green — Registration
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  COMMONS — Town or village green — Registration — Application for registration of land as town or village green — Owner of part of land objecting to registration — Registration authority holding non-statutory public inquiry — Inspector recommending registration on basis of use by inhabitants of two “neighbourhoods” — Registration authority accepting recommendation and registering land as town or village green — Whether “neighbourhood” capable of meaning two or more neighbourhoods — Whether land registrable as town or village green on basis of user by inhabitants of more than one neighbourhood — Commons Registration Act 1965, s 22(1A) (as inserted by Countryside and Rights of Way Act 2000, s 98(3))

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered
• In re Stanford International Bank Ltd (Janvey v Wastell, Serious Fraud Office v Wastell)

  03 Jul 2009 [2009] EWHC 1441 (Ch); [2009] BPIR 1157; [2009] WLR (D) 230, Ch D (Lewison J)

  25 Feb 2010 [2010] EWCA Civ 137; [2011] Ch 33; [2010] 3 WLR 941; [2010] Bus LR 1270; [2010] WLR (D) 55, CA

  Subsequent considerations : 2 positive; 3 neutral. Subsequent citations: 48.
  CRIME — Proceeds of crime — Recovery of assets

  INSOLVENCY — Winding up — Foreign company
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  CRIME — Proceeds of crime — Recovery of assets — External request for restraint order over bank's assets in England and Wales — Restraint order granted following ex parte hearing — Bank's liquidators seeking discharge of order — Whether ex parte order obtained following misrepresentation and non-disclosure — Whether liquidators having interest in assets independent of bank's — Whether court required to take interest into account when deciding whether to make order — Whether bank's unsecured creditors having interest relevant to court's discretion — Whether administrative priority to be conferred on liquidators — Guidance as to managing applications for restraint orders — Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, arts 8, 46

  INSOLVENCY — Winding up — Foreign company — Proceedings brought in United States and Antigua in respect of insolvent bank with registered office in Antigua — Competing applications made for recognition of proceedings as “foreign main proceeding” for purposes of UNCITRAL Model Law on Cross-Border Insolvency — Expression defined in Model Law as proceedings taking place in state of debtor's centre of main interest — Presumption that debtor's registered office also centre of main interest — Whether United States and/or Antiguan proceedings “foreign proceeding” — Test for identifying centre of main interest — Whether Antiguan proceedings “foreign main proceeding” — Cross-Border Insolvency Regulations 2006, Sch 1, art 2(g)(i)(j)

  4 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

  2 Statutory Instruments considered
• Mexfield Housing Co-operative Ltd v Berrisford

  15 Jul 2010 [2010] EWCA Civ 811; [2011] Ch 244; [2011] 2 WLR 423; [2011] PTSR 236; [2011] 2 All ER 273; [2010] L & TR 25; [2010] WLR (D) 192, CA

  09 Nov 2011 [2011] UKSC 52; [2012] 1 AC 955; [2011] 3 WLR 1091; [2012] PTSR 69; [2012] 1 All ER 1393; [2012] HLR 15; [2011] 3 EGLR 115; [2012] L & TR 7; [2011] WLR (D) 322; [2010] 1 P & CR D8; Case details, SC(E)

  Subsequent considerations : 1 positive; 1 negative; most recently considered: 2016. Subsequent citations: 13.
  LANDLORD AND TENANT — Lease — Validity

  LAW REFORM — Whether necessary — Rule that leasehold term cannot be uncertain
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  Case index catchwords

  LANDLORD AND TENANT — Lease — Validity — Occupancy agreement purporting to grant lease from month to month for weekly rent — Agreement providing for determination only in specified limited circumstances — Whether lease invalid as being for uncertain term — Whether taking effect as monthly tenancy — Whether converted into 90-year lease by statutory provision — Law of Property Act 1925, s 149(6) (as amended by Civil Partnership Act 2004, s 81, Sch 8, para 1(3))

  LAW REFORM — Whether necessary — Rule that leasehold term cannot be uncertain — Whether desirable for Parliament to re-examine rule

  14 Case(s) considered

  1 Statute considered
• Fulham Football Club (1987) Ltd v Richards

  01 Dec 2010 [2010] EWHC 3111 (Ch); [2011] Ch 208; [2011] 2 WLR 1055; [2011] 2 All ER 112; [2011] 1 All ER (Comm) 714; [2010] WLR (D) 312, Ch D

  21 Jul 2011 [2011] EWCA Civ 855; [2012] Ch 333; [2012] 2 WLR 1008; [2012] Bus LR 606; [2012] 1 All ER 414; [2012] 1 All ER (Comm) 1148; [2011] WLR (D) 241, CA

  Subsequent considerations : 3 positive; 3 neutral; 1 negative. Subsequent citations: 25.
  COMPANY — Unfair prejudice — Conduct of affairs
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  COMPANY — Unfair prejudice — Conduct of affairs — Company and member agreeing to refer disputes and differences between them to arbitration — Member presenting unfair prejudice petition against company — Whether court should stay petition — Whether rule of public policy or statutory restriction making unfair prejudice disputes non-arbitrable — Whether dispute outside of scope of arbitration clause — Arbitration Act 1996, s 9 — Companies Act 2006, s 994

  6 Case(s) considered

  2 Statutes considered
• Rubin v Eurofinance SA

  31 Jul 2009 [2009] EWHC 2129 (Ch); [2010] 1 All ER (Comm) 81; [2009] WLR (D) 282, Ch D (Nicholas Strauss QC)

  30 Jul 2010 [2010] EWCA Civ 895; [2011] Ch 133; [2011] 2 WLR 121; [2011] Bus LR 84; [2011] 1 All ER (Comm) 287; [2011] BCC 649; [2011] BPIR 1110; [2010] WLR (D) 226, CA (Ward, Wilson LJJ, Henderson J)

  24 Oct 2012 (Picard intervening) [2012] UKSC 46; [2013] 1 AC 236; [2012] 3 WLR 1019; [2013] Bus LR 1; [2013] 1 All ER 521; [2013] 1 All ER (Comm) 513; [2012] 2 Lloyd's Rep 615; [2012] BPIR 1204; [2012] WLR (D) 285; The Times, 9 November 2012; Case details, SC(E) (Lord Walker of Gestingthorpe, Lord Mance, Lord Clarke of Stone-cum-Ebony, Lord Sumption JJSC, Lord Collins of Mapesbury)

  Subsequent considerations : 7 positive; 3 neutral; most recently considered: 2022. Subsequent citations: 9.
  INSOLVENCY — Liquidation — Foreign company
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  Case index catchwords

  INSOLVENCY — Liquidation — Foreign company — Liquidators of foreign companies seeking to enforce in England judgments of United States and Australian courts to recover moneys transferred to defendants before liquidation — Defendants claiming not to have been present in or submitted to jurisdiction of foreign courts — Whether judgments in personam — Whether ordinary rules for enforcing judgments in personam inapplicable to bankruptcy proceedings — Whether judgments enforceable at common law — Whether alternative method of enforcement through international assistance provisions of Model Law on Cross-Border Insolvency — Statutory provisions allowing English court to “assist” Australian court in insolvency matter and for registration and enforcement of Australian judgment in “civil or commercial” matter — Whether either provision allowing English court to enforce Australian judgment against defendants — Foreign Judgements (Reciprocal Enforcement) Act 1933, ss 4, 6 — Insolvency Act 1986, s 426 — Reciprocal Enforcement of Foreign Judgments (Australia) Order 1994, art 4(a) — Cross-Border Insolvency Regulations 2006, Sch 1, arts 2, 21

  8 Case(s) considered

  4 Words & Phrases considered

  2 Statutes considered

  2 Statutory Instruments considered

• St John Poulton’s Trustee in Bankruptcy v Ministry of Justice

  02 Sep 2009 [2009] EWHC 2123 (Ch); [2009] BPIR 1512; (2009) 159 NLJ 1362, Ch D (Judge Hazel Marshall QC)

  22 Apr 2010 [2010] EWCA Civ 392; [2011] Ch 1; [2010] 3 WLR 1237; [2010] 4 All ER 600; [2010] BPIR 775; [2010] WLR (D) 101, CA (Pill, Lloyd, Pitchford LJJ)

  27 Oct 2010 (appn dis) [2010] 1 WLR 2575, SC(E)

  Subsequent citations: 8.
  NEGLIGENCE — Duty of care to whom? — Trustee in bankruptcy

  BANKRUPTCY — Bankruptcy petition — Duty of court

  NEGLIGENCE — Duty of care — Trustee in bankruptcy

  STATUTORY DUTY — Breach — Civil right, whether created
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  NEGLIGENCE — Duty of care to whom? — Trustee in bankruptcy — Court's statutory duty to send notice of bankruptcy petition to Chief Land Registrar and request registration of petition in register of pending actions — Court failing to fulfil duty — Bankrupt selling land — Trustee in bankruptcy unable to recover proceeds of sale for estate — Whether court liable to trustee in negligence

  BANKRUPTCY — Bankruptcy petition — Duty of court — Presentation of bankruptcy petition — Court's statutory duty to send notice of petition to Chief Land Registrar and request registration of petition in register of pending actions — Court in breach of duty — Whether breach giving rise to private right of action against court — Insolvency Rules 1986, r 6.13

  NEGLIGENCE — Duty of care — Trustee in bankruptcy — Court's statutory duty to send notice of bankruptcy petition to Chief Land Registrar and request registration of petition in register of pending actions — Court failing to fulfil duty — Bankrupt selling land — Trustee in bankruptcy unable to recover proceeds of sale for estate — Whether court liable to trustee in negligence

  STATUTORY DUTY — Breach — Civil right, whether created — Court's statutory duty to send notice of bankruptcy petition to Chief Land Registrar and request registration of petition in register of pending actions — Court in breach of statutory duty — Bankrupt selling land — Trustee in bankruptcy unable to recover proceeds of sale for estate — Whether breach giving trustee private right of action against court — Insolvency Rules 1986, r 6.13

  4 Case(s) considered

  1 Statutory Instrument considered
• Gill v Woodall

  14 Dec 2010 [2010] EWCA Civ 1430; [2011] Ch 380; [2011] 3 WLR 85; [2010] WLR (D) 328, CA

  Subsequent considerations : 1 positive. Subsequent citations: 32.
  WILL — Validity — Testator's knowledge and approval
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  Case index catchwords

  WILL — Validity — Testator's knowledge and approval — Husband and wife making mutual wills leaving property to each other with residuary legacy to charity but no provision for only child — Testatrix suffering from psychiatric condition at time of execution of will — Testator predeceasing testatrix — No change made to testatrix's will — Whether testatrix knowing and approving contents of will — Whether issue of knowledge and approval to be determined by single or two-stage process — Whether will valid

  5 Case(s) considered