Results: 45

• Zoya Ltd v Ahmed (trading as Property Mart)

  28 Jul 2016 [2016] EWHC 1981 (Ch); [2017] Ch 127; [2017] 2 WLR 773; [2016] WLR (D) 469, Ch D (William Trower QC)

  Subsequent citations: 2.
  COMPANY — Director — Authority
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  Case index catchwords

  COMPANY — Director — Authority — Individual purporting to be company’s sole director and shareholder bringing claim on company’s behalf — Defendant contending individual not properly appointed and therefore lacking authority to bring proceedings — Burden and standard of proof

  2 Case(s) considered

• In re SABMiller plc

  23 Aug 2016 [2016] EWHC 2153 (Ch); [2017] Ch 173; [2017] 2 WLR 837; [2016] WLR (D) 466, Ch D (Snowden J)

  Subsequent citations: 7.
  COMPANY — Scheme of arrangement — Convening hearing
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  Case index catchwords

  COMPANY — Scheme of arrangement — Convening hearing — Class composition — Company applying for order summoning meeting of most members but excluding two largest shareholders — Shareholders objecting not all members included — Whether all members should form single class — Whether court having jurisdiction to convene meeting excluding certain members — Companies Act 2006 (c 46), s 896(1)

  1 Case considered

  1 Statute considered
• IMI plc v Delta Ltd (formerly Delta plc)

  17 Jun 2015 [2015] EWHC 1676 (Ch); [2015] 1 WLR 4881; [2015] WLR (D) 262, Ch D (Rose J)

  27 Jul 2016 [2016] EWCA Civ 773; [2017] Ch 27; [2016] 3 WLR 1595; [2016] WLR (D) 418, CA

  Subsequent considerations : 1 neutral; most recently considered: 2022. Subsequent citations: 3.
  DAMAGES — Contribution — Entitlement
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  Case index catchwords

  DAMAGES — Contribution — Entitlement — Main claim statute-barred unless claimant could prove concealment — Defendant claiming contribution in Part 20 proceedings — Main claim settled — Whether Part 20 defendants precluded from relying on limitation defence pleaded against claimants in main action — Civil Liability (Contribution) Act 1978, s 1(4) — Limitation Act 1980, s 32

  DAMAGES — Contribution — Entitlement — Collateral defence — Main claim statute-barred unless claimant able to prove concealment — Defendant claiming contribution in Part 20 proceedings — Main claim settled — Whether Part 20 defendants precluded from relying on limitation defence pleaded against claimants in main action — Civil Liability (Contribution) Act 1978, s 1 — Limitation Act 1980 (c 58), s 32

  4 Case(s) considered

  2 Statutes considered

• Rollerteam Ltd v Riley (Decoteau, Part 20 defendant)

  04 Jun 2015 [2015] EWHC 1545 (Ch); [2015] CN 961, Ch D (Robert Englehart QC)

  16 Dec 2016 [2016] EWCA Civ 1291; [2017] Ch 109; [2017] 2 WLR 870; [2016] WLR (D) 678, CA

  Subsequent citations: 5.
  CONTRACT — Construction — Settlement agreement

  CONTRACT — Formation — Settlement agreement
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  Case index catchwords

  CONTRACT — Construction — Settlement agreement — Parties in dispute over operation of museum — Whether parties entering into binding agreement — Law of Property (Miscellaneous Provisions) Act 1989, s 2

  CONTRACT — Formation — Settlement agreement — Parties in dispute over operation of museum commencing proceedings — Parties making agreement with intention to settle proceedings — Agreement involving immediate disposition of interests in land — Whether statutory requirements that contract be in writing and signed applying — Whether parties entering into binding agreement — Law of Property (Miscellaneous Provisions) Act 1989 (c 34), s 2(1)

  1 Case considered

  1 Statute considered

• Randall v Randall

  27 May 2016 [2016] EWCA Civ 494; [2017] Ch 77; [2016] 3 WLR 1217; [2017] 2 FLR 185; [2016] WLR (D) 293, CA

  PROBATE — Probate claim — “Interest” in estate
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  Case index catchwords

  PROBATE — Probate claim — “Interest” in estate — Creditor of beneficiary of estate — Consent order following agreement on divorce giving husband contingent interest in estate of wife’s mother — Husband receiving no benefit from disposal of property in wife’s mother’s will — Whether husband having sufficient “interest” to bring probate claim challenging validity of will — Whether issue of substantive law or of procedure — CPR r 57.7(1)

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statutory Instrument considered

• Artist Court Collective Ltd v Khan

  07 Oct 2016 [2016] EWHC 2453 (Ch); [2017] Ch 53; [2016] 3 WLR 1619; [2016] WLR (D) 508, Ch D (Henderson J)

  Subsequent citations: 2.
  LANDLORD AND TENANT — Leasehold enfranchisement — Tenant's right to acquire reversion
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  Case index catchwords

  LANDLORD AND TENANT — Leasehold enfranchisement — Tenant's right to acquire reversion — Landlord owning property comprising residential flats and commercial units— Landlord transferring property to company to be held on trust for his benefit— Landlord having controlling interest in company— Property subsequently transferred back to landlord for nil consideration— Company representing tenants seeking to enforce statutory right of first refusal— Whether second transfer relevant disposal giving rise to statutory rights— Whether property to be transferred to tenants for nil consideration— Landlord and Tenant Act 1987 (c 31), s 4(1)(2)(g)

  1 Statute considered
• Shlosberg v Avonwick Holdings Ltd

  05 May 2016 [2016] EWHC 1001 (Ch); [2017] Ch 210; [2016] 3 WLR 1330; [2016] WLR (D) 241, Ch D

  18 Nov 2016 [2016] EWCA Civ 1138; [2017] Ch 210; [2017] 2 WLR 1075; [2016] WLR (D) 616, CA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 15.
  BANKRUPTCY — Property passing to trustee — Legal professional privilege
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  Case index catchwords

  BANKRUPTCY — Property passing to trustee — Legal professional privilege — Bankrupt’s trustees in bankruptcy and principal creditor retaining same solicitors — Solicitors in possession of information obtained by trustees — Creditor wanting to use information in further proceedings against bankrupt — Bankrupt contending information privileged and seeking order that solicitors cease to act for creditor — Whether privilege in information “property” of bankrupt so as to vest in trustees as part of bankrupt’s estate — Whether trustee having power to waive privilege in information pursuant to statutory powers — Whether solicitors to be restrained from continuing to act for creditor — Insolvency Act 1986 (c 45), ss 283(4), 306, 311(1), 436(1)

  11 Case(s) considered

  3 Words & Phrases considered

  1 Statute considered

• Hosking v Marathon Asset Management LLP

  05 Oct 2016 [2016] EWHC 2418 (Ch); [2017] Ch 157; [2017] 2 WLR 746; [2016] WLR (D) 501, Ch D (Newey J)

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

  PARTNERSHIP — Limited liability partnership — Members — Limited liability partnership alleging member in breach of fiduciary duties — Arbitrator concluding half member’s profit share constituting remuneration — Arbitrator concluding member should forfeit half profit share paid to him during period of breach — Whether forfeiture principle applying to partner in partnership or member of limited liability partnership — Whether principle capable of applying to share of profits of partner or member — Whether share of profits capable of being remuneration — Whether arbitrator’s decision open to challenge

  2 Case(s) considered

• Lewis v Warner (Warner v Lewis)

  18 Jul 2016 [2016] EWHC 1787 (Ch); [2017] Ch 13; [2016] 3 WLR 1545; [2017] 2 FLR 133; [2016] WLR (D) 400, Ch D (Newey J)

  19 Dec 2017 [2017] EWCA Civ 2182; [2018] Ch 450; [2018] 2 WLR 1205; [2018] 2 FLR 93; [2017] WLR (D) 847, CA (Sir Geoffrey Vos C, McCombe, Asplin LJJ)

  Subsequent citations: 3.
  FAMILY PROVISION — Dependant — Maintained by deceased

  FAMILY PROVISION — Dependant — “Reasonable financial provision”
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  Case index catchwords

  FAMILY PROVISION — Dependant — Maintained by deceased — Couple living together as husband and wife for 20 years in her house — Woman leaving estate to her daughter — Daughter claiming possession of house — Man having means to buy house — Whether ineligible for “financial provision” for his “maintenance” — Whether arrangement for full consideration representing financial provision for a person’s maintenance — Whether disposition of estate failing to make reasonable provision for man — Inheritance (Provision for Family and Dependants) Act 1975 (as inserted by Law Reform (Succession) Act 1995, s 2(4) and amended by Civil Partnership Act 2004, s 71, Sch 4(2), para 18), ss 1(2)(b), 3(2A)

  FAMILY PROVISION — Dependant — “Reasonable financial provision” — Man and woman living together as husband and wife for 19 years in her house — Woman dying and leaving estate to her daughter in her will — Daughter claiming possession of house — Man having means to buy house — Whether disposition of estate failing to make “reasonable financial provision” for man — Whether man ineligible for “financial provision” for his “maintenance” — Whether arrangement for full consideration representing financial provision for person’s maintenance — Inheritance (Provision for Family and Dependants) Act 1975 (c 63) (as amended by Law Reform (Succession) Act 1995 (c 41), s 2, Civil Partnership Act 2004 (c 33), s 71, Sch 4, paras 15(2)(6), 18 and Inheritance and Trustees’ Powers Act 2014 (c 16), s 6, Sch 2, para 3), ss 1, 2, 3

  FAMILY PROVISION — Dependant — “Reasonable financial provision” — Man and woman living together as husband and wife for 19 years in her house — Woman dying and leaving estate to her daughter in her will — Daughter claiming possession of house — Man having means to buy house — Whether disposition of estate failing to make “reasonable financial provision” for man — Whether man ineligible for “financial provision” for his “maintenance” — Whether order for transfer of house for full consideration representing financial provision for person’s maintenance — Inheritance (Provision for Family and Dependants) Act 1975 (c 63) (as amended by Law Reform (Succession) Act 1995 (c 41), s 2, Civil Partnership Act 2004 (c 33), s 71, Sch 4, paras 15(2)(6), 18 and Inheritance and Trustees’ Powers Act 2014 (c 16), s 6, Sch 2, para 3), ss 1, 2, 3

  4 Case(s) considered

  3 Words & Phrases considered

  1 Statute considered

• Baker v Craggs

  15 Dec 2016 [2016] EWHC 3250 (Ch); [2017] Ch 295; [2017] 2 WLR 1483; [2016] WLR (D) 684, Ch D (Newey J)

  16 May 2018 [2018] EWCA Civ 1126; [2018] Ch 617; [2018] 3 WLR 401; [2018] 4 All ER 627; [2018] WLR (D) 299, CA (Patten, Henderson, Flaux LJJ)

  Subsequent citations: 2.
  LAND REGISTRATION — Overriding interest — “Actual occupation”

  LAND REGISTRATION — Overriding interest — Easement
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  Case index catchwords

  LAND REGISTRATION — Overriding interest — “Actual occupation” — Owners of land first selling it to defendant then granting right of way over it in favour of claimants — Gap in registration process — Whether defendant in “actual occupation” — Whether defendant’s interest overreached — Whether defendant having “estate contract” during registration gap — Whether grant of right of way effective — Law of Property Act 1925 (15 & 16 Geo 5, c 21) (as amended by Law of Property (Amendment) Act 1926 (16 & 17 Geo 5, c 11), Sch and Trusts of Land and Appointment of Trustees Act 1996 (c 47), s 525, Sch 3, para 4(2)), ss 2, 27(2)

  LAND REGISTRATION — Overriding interest — Easement — Registered owners selling land to defendant and granting right of way access driveway — Owners subsequently selling different land to claimants and granting same right of way over driveway — Claimants’ title registered prior to defendant’s title — Whether defendant’s interest overreached — Whether grant of right of way to claimants effective — Law of Property Act 1925 (15 & 16 Geo 5, c 21) (as amended by Law of Property (Amendment) Act 1926 (16 & 17 Geo 5, c 11), Sch and Trusts of Land and Appointment of Trustees Act 1996 (c 47), s 25(1), Sch 3, para 4(2)), ss 1(1), 2(1)

  LAND REGISTRATION — Overriding interest — Easement — Registered owners selling land to defendant and granting right of way over access driveway — Owners subsequently selling different land to claimants and granting them right of way over driveway prior to registration of sale to defendant — Claimants’ title registered prior to defendant’s title — Whether right of way “legal estate in land” — Whether defendant’s interest overreached — Whether grant of right of way to claimants effective — Law of Property Act 1925 (15 & 16 Geo 5, c 20), ss 1(1), 2(1)

  LAND REGISTRATION — Overriding interest — “Actual occupation” — Owners of land first selling it to defendant then granting right of way over it in favour of claimants — Gap in registration process — Whether defendant’s interest overreached — Whether defendant having “estate contract” during registration gap — Whether grant of right of way effective — Law of Property Act 1925 (15 & 16 Geo 5, c 20) (as amended by Law of Property (Amendment) Act 1926 (16 & 17 Geo 5, c 11), Sch and Trusts of Land and Appointment of Trustees Act 1996 (c 47), s 25, Sch 3, para 4), ss 2, 27(2)

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered