Results: 52

• Abbey Forwarding Ltd v Hone

  11 Dec 2012 [2012] EWHC 3525 (Ch); [2013] Ch 455; [2013] 2 WLR 1368; [2012] WLR (D) 375, Ch D (Judge Pelling QC)

  Subsequent considerations : 1 neutral. Subsequent citations: 2.
  INJUNCTION — Interim — Undertaking as to damages
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  Case index catchwords

  INJUNCTION — Interim — Undertaking as to damages — Court discharging freezing injunction and defendants seeking compensation pursuant to cross-undertaking — Principles to be applied in determining compensation — Whether damages for emotional distress and aggravated damages recoverable

  6 Case(s) considered
• Sharma v Simposh Ltd

  23 Nov 2011 [2011] EWCA Civ 1383; [2013] Ch 23; [2012] 3 WLR 503; [2012] 2 All ER (Comm) 288; [2011] WLR (D) 341, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 5.
  VENDOR AND PURCHASER — Deposit — Forfeiture
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  Case index catchwords

  VENDOR AND PURCHASER — Deposit — Forfeiture — Defendant agreeing to grant claimants option to purchase property and refrain from marketing property elsewhere in return for payment of non-refundable deposit — Agreement made orally and lacking contractual effect — Deposit paid and defendants fulfilling agreement — Claimants withdrawing from purchase — Whether deposit repayable — Law of Property (Miscellaneous Provisions) Act 1989, s 2(1)

  3 Case(s) considered
• In re Erskine 1948 Trust (Gregg v Pigott)

  29 Mar 2012 [2012] EWHC 732 (Ch); [2013] Ch 135; [2012] 3 WLR 913; [2012] 3 All ER 532; [2012] 2 FLR 725; [2012] 3 FCR 114; [2012] WLR (D) 104; (2012) 162 NLJ 577; The Times, 10 July 2012, Ch D (Mark Herbert QC)

  Subsequent considerations : 1 negative. Subsequent citations: 1.
  SETTLEMENT — Construction — Statutory next of kin
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  Case index catchwords

  SETTLEMENT — Construction — Statutory next of kin — English settlement made in 1948 — Trustees holding trust property “for the statutory next of kin of the beneficiary at the date of her death on the footing that she died a spinster” — Whether trust fund vesting in adopted nephews of beneficiary as statutory next of kin — Whether claims negated because nephews adopted so that beneficiary’s cousins statutory next of kin — Whether Convention right not to be discriminated against in enjoyment of Convention rights affecting construction of settlement — Administration of Estates Act 1925 (as amended by Intestates’ Estates Act 1952, s 1(3)(b)), ss 46(1)(v), 50(1) — Adoption of Children Act 1926, s 5 — Human Rights Act 1998, s 3, Sch 1, Pt I, arts 8, 14

  4 Case(s) considered

  1 Words & Phrases considered

  3 Statutes considered
• Wokuri v Kassam

  30 Jan 2012 [2012] EWHC 105 (Ch); [2013] Ch 80; [2012] 3 WLR 427; [2012] ICR 1283; [2012] 2 All ER 1195; [2012] WLR (D) 13, Ch D (Newey J)

  Subsequent considerations : 1 neutral. Subsequent citations: 4.
  CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity
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  Case index catchwords

  CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity — Employment — Employee working as domestic servant for employer abroad and continuing same work in London when employer becoming diplomat at high commission — Employee seeking payment of salary owing and alleging breach of employment rights when employer leaving London mission — Employer claiming immunity as former diplomat — Whether employee’s duties as domestic servant relating to functions of employer as member of diplomatic mission — Whether jurisdiction to hear claim — Diplomatic Privileges Act 1964, Sch 1, art 39(2)

  3 Case(s) considered

  1 Statute considered

• Ridgewood Properties Group Ltd v Valero Energy Ltd

  30 Jan 2013 (Pannone & Partners, Part 20 defendant) [2013] EWHC 98 (Ch); [2013] Ch 525; [2013] 3 WLR 327; [2013] WLR (D) 40, Ch D (Proudman J)

  Subsequent citations: 4.
  VENDOR AND PURCHASER — Vendor’s covenant — Enforceability
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  Case index catchwords

  VENDOR AND PURCHASER — Vendor’s covenant — Enforceability — Parties entering into agreements in three phases for development of properties owned by defendant — Agreements granting claimants either building lease conditional on obtaining planning permission or options to take building leases — Defendant transferring its interest in properties to third parties — Claimants alleging transfer constituting repudiatory breach of agreements — Whether agreement granting option to take lease or agreement for grant of lease subject to condition precedent “agreement for a tenancy” — Whether statute operating to pass burden of covenants in agreements to third parties — Whether defendant able to procure compliance by third parties pursuant to covenants in agreements transferring properties to third parties — Whether defendant putting it out of its power to perform agreements with claimant — Landlord and Tenant (Covenants) Act 1995, s 28(1)

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Chaudhary v Yavuz

  22 Nov 2011 [2011] EWCA Civ 1314; [2013] Ch 249; [2012] 3 WLR 987; [2012] 2 All ER 418; [2011] WLR (D) 336; The Times, 29 December 2011, CA (Ward, Lloyd, Kitchin LJJ)

  Subsequent citations: 6.
  LAND REGISTRATION — Overriding interest — “Actual occupation”

  TRUSTS — Constructive trust — Sale of land
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  Case index catchwords

  LAND REGISTRATION — Overriding interest — “Actual occupation” — Claimant’s equitable easement of way over staircase on neighbouring land giving access to first floor of claimant’s property — Right of way not registered — Whether claimant in "actual occupation" of staircase — Whether right of way overriding interest enforceable against purchaser of neighbouring land — Land Registration Act 2002, s 29(2)(a)(ii), Sch 3, para 2

  TRUSTS — Constructive trust — Sale of land — Claimant’s equitable easement of way over staircase on neighbouring land giving access to first floor of claimant’s property — Right of way not registered — Defendant purchasing neighbouring land subject to incumbrances discoverable by inspection — Whether right of way binding on defendant by way of constructive trust — Standard Conditions of Sale (4th ed), cond 3.1.2(b)

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Governor and Company of the Bank of Ireland v Colliers International UK plc

  24 Oct 2012 [2012] EWHC 2942 (Ch); [2013] Ch 422; [2013] 2 WLR 895; [2012] WLR (D) 288, Ch D (David Richards J)

  Subsequent citations: 5.
  INSOLVENCY — Jurisdiction — Permission to bring or continue proceedings
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  Case index catchwords

  INSOLVENCY — Jurisdiction — Permission to bring or continue proceedings — Proceedings commenced against company in administration without consent of administrator or permission of court — Whether nullity — Whether jurisdiction to grant retrospective permission — Whether to be granted — Insolvency Act 1986, Sch B1, para 43(6) (as inserted by Enterprise Act 2002, s 248, Sch 16)

  6 Case(s) considered

  1 Statute considered

• Yeates v Line

  12 Nov 2012 [2012] EWHC 3085 (Ch); [2013] Ch 363; [2013] 2 WLR 844; [2013] 2 All ER 84; [2012] WLR (D) 319, Ch D (Kevin Prosser QC sitting as a deputy High Court judge)

  Subsequent citations: 3.
  CONTRACT — Validity — Oral agreement
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  Case index catchwords

  CONTRACT — Validity — Oral agreement — Oral agreement to compromise dispute as to title to land — Agreement having disposing effect but not disposing purpose — Whether agreement “for the sale or other disposition of an interest in land” — Whether valid contract — Law of Property (Miscellaneous Provisions) Act 1989, s 2(1)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

• International Leisure Ltd v First National Trustee Co UK Ltd

  16 Jul 2012 [2012] EWHC 1971 (Ch); [2013] Ch 346; [2013] 2 WLR 466; [2012] WLR (D) 208, Ch D (E Bartley Jones QC)

  Subsequent citations: 4.
  COMPANY — Secured creditor — Rights
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  Case index catchwords

  COMPANY — Secured creditor — Rights — Debenture holder bringing action against administrative receiver for losses caused by alleged breach of duty — Company commencing action against administrative receiver for same losses — Whether debenture holder's losses merely reflective of company's losses — Whether claim to be struck out

  3 Case(s) considered
• Universal Project Management Services Ltd v Fort Gilkicker Ltd

  26 Feb 2013 [2013] EWHC 348 (Ch); [2013] Ch 551; [2013] 3 WLR 164; [2013] 3 All ER 546; [2013] WLR (D) 82, Ch D (Briggs J)

  Subsequent considerations : 1 neutral. Subsequent citations: 14.
  COMPANY — Shareholder — Rights against company or directors
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  Case index catchwords

  COMPANY — Shareholder — Rights against company or directors — Action by member of limited liability partnership on behalf of company wholly owned by partnership — Member seeking permission to continue double derivative action — Whether multiple derivative actions recognised at common law — Whether abolished by statute — Whether permission to be granted — Companies Act 2006, s 260

  3 Case(s) considered

  1 Statute considered