Results: 48

• Patel v Mirza

  05 Jul 2013 [2013] EWHC 1892 (Ch); [2013] Lloyd's Rep FC 525; [2013] WTLR 1755; [2013] CN 1169, Ch D (David Donaldson QC)

  29 Jul 2014 [2014] EWCA Civ 1047; [2015] Ch 271; [2015] 2 WLR 405; [2015] 1 All ER 326; [2015] 2 All ER (Comm) 1; [2014] Lloyd's Rep FC 561; [2015] 1 BCLC 256; [2014] WTLR 1567; The Times, 12 August 2014; [2014] WLR (D) 337, CA

  15 Dec 2014 Permission to appeal to Supreme Court given

  20 Jul 2016 [2016] UKSC 42; [2017] AC 467; [2016] 3 WLR 399; [2017] 1 All ER 191; [2016] 2 Lloyd's Rep 300; The Times, 25 August 2016; [2016] WLR (D) 417; Case details, SC(E)

  Subsequent considerations : 8 positive; 6 neutral; 2 negative; most recently considered: 2021. Subsequent citations: 94.
  CONTRACT — Formation — Whether contract concluded

  CONTRACT — Illegality — Enforceability
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  Case index catchwords

  CONTRACT — Formation — Whether contract concluded — Claimant advancing moneys to defendant for purpose of entering into contract to bet on share price of bank — Whether sums advanced recoverable

  CONTRACT — Illegality — Enforceability — Claimant advancing money to defendant pursuant to agreement to use it for insider dealing — Agreement frustrated by failure to obtain inside information — Claimant seeking repayment of money — Whether claimant’s case relying on illegal agreement — Whether claimant barred from relying on illegal agreement if no part of it carried into effect due to frustration

  CONTRACT — Illegality — Enforceability — Claimant advancing money to defendant pursuant to agreement to use it for insider dealing — Agreement frustrated by failure to obtain inside information — Claimant seeking repayment of money — Circumstances in which claims based on illegality enforceable — Whether claimant entitled to repayment

  6 Case(s) considered

• Loose v Lynn Shellfish Ltd (Le Strange Meakin, Part 20 defendant) (Lynn Shellfish Ltd v Meakin)

  18 Apr 2013 [2013] EWHC 901 (Ch); [2013] CN 597, Ch D (Sir William Blackburne)

  19 Jun 2014 [2014] EWCA Civ 846; [2015] Ch 547; [2015] 2 WLR 643; [2014] WLR (D) 280, CA

  11 Dec 2014 Permission to appeal to Supreme Court given

  13 Apr 2016 (Crown Estate Commissioners intervening) [2016] UKSC 14; [2017] AC 599; [2016] 2 WLR 1126; [2017] 1 All ER 677; [2016] WLR (D) 181; Case details, SC(E) (Lord Neuberger of Abbotsbury PSC, Lord Clarke of Stone-cum-Ebony, Lord Sumption, Lord Carnwath, Lord Hodge JJSC)

  Subsequent citations: 2.
  FISHERY — Several fishery — Foreshore

  FISHERY — Prescriptive private right to take shellfish from foreshore — Whether including foreshore as it existed from time to time up to lowest astronomical tide and former sandbanks
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  Case index catchwords

  FISHERY — Several fishery — Foreshore — Presumed grant from Crown of private right to take shellfish from foreshore — Dispute between lessee of private fishery and members of public as to seaward extent of private fishery — Extent of foreshore changing over time as result of shifting sands — Whether doctrine of accretion relevant — Whether private fishery extending to foreshore as it existed from time to time — Whether extending to all parts of seabed from time to time exposed at low water — Whether seaward boundary lowest astronomical tide

  FISHERY — Several fishery — Foreshore — Presumed grant from Crown of private right to take shellfish from foreshore — Dispute as to seaward extent of private fishery — Extent of foreshore changing over time as result of shifting sands — Whether doctrine of accretion relevant — Whether private fishery extending to foreshore as it existed so as to include former sandbanks — Whether extending to all parts of seabed from time to time exposed at low water — Whether seaward boundary lowest astronomical tide

  FISHERY — Prescriptive private right to take shellfish from foreshore — Whether including foreshore as it existed from time to time up to lowest astronomical tide and former sandbanks

  12 Case(s) considered

• National Crime Agency v Robb

  23 Dec 2014 [2014] EWHC 4384 (Ch); [2015] Ch 520; [2015] 3 WLR 23; [2015] Lloyd's Rep FC 161; [2015] WLR (D) 1, Ch D (Sir Terence Etherton C)

  Subsequent citations: 8.
  PROCEEDS OF CRIME — Civil recovery — Recovery of assets
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  Case index catchwords

  PROCEEDS OF CRIME — Civil recovery — Recovery of assets — National Crime Agency seeking recovery of funds in defendant’s bank account — Fund representing recoverable property obtained by defendant through unlawful conduct — Victims of fraud applying for declarations that part of fund belonging to them — Whether victims establishing proprietary claim to fund — Tracing exercise — Principles to be applied — Proceeds of Crime Act 2002 (as amended by Serious Organised Crime and Police Act 2005, s 98(1)), ss 245C, 281

  2 Case(s) considered

  1 Statute considered

• BESTrustees plc v Corbett

  16 Oct 2014 [2014] EWHC 3038 (Ch); [2015] Ch 571; [2015] 3 WLR 787; [2015] WLR (D) 242, Ch D (Birss J)

  Subsequent citations: 1.
  PENSIONS — Pension scheme — Deficiency in assets
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  Case index catchwords

  PENSIONS — Pension scheme — Deficiency in assets — Employer’s administration triggering liability to trustee of defined benefit pension scheme for shortfall in scheme’s assets — Whether debt to scheme assignable — Whether proposed assignment one into which reasonable and properly advised trustee could enter — Pensions Act 1995, s 75 (as amended by Pensions Act 2004, s 271)

  2 Case(s) considered

  1 Statute considered

• Akers v Samba Financial Group

  28 Feb 2014 [2014] EWHC 540 (Ch); [2014] CN 346, Ch D (Sir Terence Etherton C)

  04 Dec 2014 [2014] EWCA Civ 1516; [2015] Ch 451; [2015] 2 WLR 1281; [2016] 1 BCLC 657; [2014] WLR (D) 521, CA

  31 Mar 2015 Permission to appeal to Supreme Court given

  01 Feb 2017 [2017] UKSC 6; [2017] AC 424; [2017] 2 WLR 713; [2017] 2 All ER 799; [2017] 2 All ER (Comm) 97; [2017] 1 BCLC 151; [2017] WLR (D) 57; Case details, SC(E)

  Subsequent citations: 18.
  CONFLICT OF LAWS — Jurisdiction — Forum conveniens

  CONFLICT OF LAWS — Jurisdiction — Forum non conveniens

  COMPANY — Winding up — Disposition of property
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction — Forum conveniens — Defendant’s application to stay proceedings — Whether courts of England and Wales or Saudi Arabia appropriate forum

  CONFLICT OF LAWS — Jurisdiction — Forum non conveniens — Shares held on trust for insolvent Cayman Islands company transferred to Saudi Arabian bank — Trusts unlawful in Saudi Arabia — Company’s liquidators seeking declaration that transfer void disposition — Whether Convention relating to trusts and their recognition applying to transfer — Whether England appropriate forum for determining issue — Recognition of Trusts Act 1987, Sch 1, art 4

  COMPANY — Winding up — Disposition of property — Shares in Saudi Arabian banks purportedly held on trust for Cayman Islands company — Saudi Arabia not recognising trusts or division of legal and beneficial interests — Shares transferred to defendant following company’s liquidation — Liquidators seeking declaration that transfer void disposition — Whether trust created and enforceable in respect of assets in jurisdiction not recognising trusts — Whether transfer of shares in breach of trust constituting “disposition of property” — Insolvency Act 1986 (c 45), ss 127, 436

  CONFLICT OF LAWS — Jurisdiction — Forum non conveniens — Shares in Saudi Arabian banks purportedly held on trust for Cayman Islands company — Shares transferred to defendant following company’s liquidation — Saudi Arabia not recognising trusts or division of legal and beneficial interests — Company’s liquidators seeking declaration that transfer void disposition — Whether Convention on law applicable to trusts and their recognition applying to transfer — Recognition of Trusts Act 1987 (c 14), Sch 1, art 4

  6 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• In re Lehman Bros International (Europe) (No 4)

  14 Mar 2014 [2014] EWHC 704 (Ch); [2015] Ch 1; [2014] 3 WLR 466; [2015] 2 All ER 111; [2015] 1 All ER (Comm) 813; [2015] 1 BCLC 151; [2014] WLR (D) 132, Ch D (David Richards J)

  14 May 2015 [2015] EWCA Civ 485; [2016] Ch 50; [2015] 3 WLR 1205; [2016] 2 All ER 836; [2016] 1 All ER (Comm) 1079; [2015] 2 BCLC 433; [2015] WLR (D) 218, CA

  03 Nov 2015 (appn all) [2015] 1 WLR 5234, SC(E)

  17 May 2017 [2017] UKSC 38; [2018] AC 465; [2017] 2 WLR 1497; [2018] 1 All ER 205; [2018] 1 All ER (Comm) 629; [2017] 2 BCLC 149; Case details, SC(E)

  Subsequent considerations : 3 positive; 2 neutral. Subsequent citations: 32.
  INSOLVENCY — Administration — Distribution of assets
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  Case index catchwords

  INSOLVENCY — Administration — Distribution of assets — Ranking of claims which might be made against available assets of unlimited company after payment of general unsecured unsubordinated creditors — Potential liability of members for liabilities of company — Relationship between liability as members and claims as creditors — Whether claim of subordinated debt holder ranking ahead of or behind statutory interest — Whether claim ranking ahead of or behind foreign currency conversion claims — Whether foreign currency conversion claims payable out of assets — Whether contractual interest provable or statutory interest payable for period of administration if immediately followed by liquidation — Whether members’ liability to contribute in liquidation limited to funds required to pay debts and liabilities proved in liquidation — Whether contributory rule applying in administration — Insolvency Act 1986 (as amended by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings Order 2009, Sch 1, para 75(3)), ss 74, 189 — Insolvency Rules 1986 (as amended by Insolvency (Amendment) Rules 2003, Sch 1, para 9 and Insolvency (Amendment) Rules 2005, r 12), r 2.88(1)(7)

  INSOLVENCY — Administration — Distribution of assets — Ranking of claims which might be made against available assets of unlimited company after payment of general unsecured unsubordinated creditors — Potential liability of members for liabilities of company — Relationship between liability as members and claims as creditors — Whether claim of subordinated debt holder ranking ahead of or behind statutory interest — Whether claim ranking ahead of or behind foreign currency conversion claims — Whether foreign currency conversion claims payable out of assets — Whether contractual interest provable or statutory interest payable for period of administration if immediately followed by liquidation — Whether members’ liability to contribute in liquidation limited to funds required to pay debts and liabilities proved in liquidation — Whether contributory rule applying in administration — Insolvency Act 1986, ss 74(1), 189 — Insolvency Rules 1986 (as amended by Insolvency (Amendment) Rules 2003, Sch 1, para 9 and Insolvency (Amendment) Rules 2005, r 12), r 2.88(1)(7)

  INSOLVENCY — Administration — Distribution of assets — Ranking of claims which might be made against available assets of unlimited company after payment of general unsecured unsubordinated creditors — Potential liability of members for company’s debts — Relationship between liability as members and claims as creditors — Whether claim of subordinated debt holder ranking ahead of or behind statutory interest — Whether claim ranking ahead of or behind foreign currency conversion claims — Whether foreign currency conversion claims payable out of assets — Whether contractual interest provable or statutory interest payable for period of administration if immediately followed by liquidation — Whether members’ liability to contribute in liquidation limited to funds required to pay debts and liabilities proved in liquidation — Whether contributory rule applying in administration — Insolvency Act 1986 (c 45), ss 74(1), 150, 189(2) — Insolvency Rules 1986 (SI 1986/1925) (as amended by Insolvency (Amendment) Rules 2003 (SI 2003/1730), r 5(1), Sch 1, para 9, Insolvency (Amendment) Rules 2005 (SI 2005/527), rr 10, 12 and Insolvency (Amendment) Rules 2010 (SI 2010/686) r 2, Sch 1, paras 83, 195), rr 2.86, 2.88(1)(7), 4.93, 4.195

  12 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• Hardy v Griffiths

  02 Dec 2014 [2014] EWHC 3947 (Ch); [2015] Ch 417; [2015] 2 WLR 1239; [2014] WLR (D) 514, Ch D (Amanda Tipples QC sitting as a deputy judge of the Chancery Division)

  Subsequent citations: 2.
  VENDOR AND PURCHASER — Sale of land — Deposit
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  Case index catchwords

  VENDOR AND PURCHASER — Sale of land — Deposit — Contract for sale of land providing for deposit of less than 10% — Purchasers’ obligation to pay further deposit equal to balance of 10% deposit on being served with notice to complete — Vendors rescinding contract after purchasers’ failure to comply with notice to complete — Whether rescission of contract precluding recovery of unpaid balance of deposit — Whether vendor entitled to claim rescission and payment of further deposit — Standard Conditions of Sale (4th ed), conds 6.8.3(b), 7.5.2(a)(iii)

  4 Case(s) considered

  1 Standard Form considered

• Nugent v Nugent

  20 Dec 2013 [2013] EWHC 4095 (Ch); [2015] Ch 121; [2014] 3 WLR 59; [2014] 2 All ER 313; [2013] WLR (D) 516, Ch D (Morgan J)

  Subsequent citations: 6.
  LAND REGISTRATION — Registration — Unilateral notice
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  Case index catchwords

  LAND REGISTRATION — Registration — Unilateral notice — Claimant entering unilateral notice against registered title of property owned by defendant — Notice preventing defendant from selling or charging property pending outcome of litigation concerning claimed interest in property — Defendant seeking order permitting raising of moneys against property to fund defence to claim — Whether High Court having inherent jurisdiction to vacate unilateral notice — Principles governing exercise of jurisdiction — Land Registration Act 2002, ss 32, 34, 35, 36

  2 Case(s) considered

  1 Statute considered

• Edwards v Kumarasamy

  28 Jan 2015 [2015] EWCA Civ 20; [2015] Ch 484; [2015] 2 WLR 1408; [2015] WLR (D) 40, CA

  23 Jul 2015 (appn all) [2015] 1 WLR 4933, SC(E)

  13 Jul 2016 [2016] UKSC 40; [2016] AC 1334; [2016] 3 WLR 310; [2017] 2 All ER 624; [2016] WLR (D) 385; Case details, SC(E)

  Subsequent citations: 4.
  LANDLORD AND TENANT — Repairs — Covenant implied by statute
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  Case index catchwords

  LANDLORD AND TENANT — Repairs — Covenant implied by statute — Lessor with long lease of flat in block subletting flat to tenant — Tenant injured after tripping on uneven paving stone on pathway leading to main entrance of block — Lessor unaware of defect prior to tenant’s accident — Whether pathway exterior of part of building to which lessor having estate or interest so that statutory repairing covenant applying — Whether lessor’s liability under covenant in respect of defect outside demised property conditional on his having notice of defect — Landlord and Tenant Act 1985 (as amended by Housing Act 1988, s 116(1)), s 11(1)(1A)

  LANDLORD AND TENANT — Repairs — Covenant implied by statute — Landlord holding long lease of flat in block — Landlord letting flat to tenant — Tenant injured after tripping on uneven paving stone on pathway leading to main entrance of block — Landlord not given notice of defect prior to tenant’s accident — Whether pathway exterior part of building to which landlord having estate or interest so that statutory repairing covenant applying — Whether landlord’s liability under covenant in respect of defect outside demised property conditional upon his having notice of defect — Landlord and Tenant Act 1985 (c 70) (as amended by Housing Act 1988 (c 50) s 116(1)), s 11(1)(1A)

  12 Case(s) considered

  1 Statute considered

• Jervis v Pillar Denton Ltd

  01 Jul 2013 [2013] EWHC 2171 (Ch); [2013] BCC 618; [2013] CN 1795, Ch D (Nicholas Lavender QC)

  24 Feb 2014 [2014] EWCA Civ 180; [2015] Ch 87; [2014] 3 WLR 901; [2014] 3 All ER 519; [2014] 2 All ER (Comm) 826; [2014] 2 BCLC 204; [2014] 2 EGLR 9; [2014] BCC 165; The Times, 16 April 2014; [2014] WLR (D) 94, CA

  30 Oct 2014 (appn dis) [2014] 1 WLR 4207, SC(E)

  Subsequent citations: 6.
  INSOLVENCY — Administration — Expenses of administration
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  Case index catchwords

  INSOLVENCY — Administration — Expenses of administration — Company leasing commercial premises — Leases providing for payment of rent quarterly in advance — Rent falling due prior to commencement of company's administration not paid — Administrators continuing to occupy and trade from leased premises —Landlords seeking payment by administrators of rent which had fallen due prior to their appointment — Whether recoverable as expense of administration — Insolvency Rules 1986, r 2.67(1) (as substituted by Insolvency (Amendment) Rules 2003, Sch 1, para 9)

  5 Case(s) considered

  1 Statutory Instrument considered