Results: 38

• FSHC Group Holdings Ltd v GLAS Trust Corpn Ltd (FSHC Group Holdings Ltd v Barclays Bank plc)

  22 Jun 2018 [2018] EWHC 1558 (Ch), Ch D (Henry Carr J)

  31 Jul 2019 [2019] EWCA Civ 1361; [2020] Ch 365; [2020] 2 WLR 429; [2020] 1 All ER 505; [2020] 1 All ER (Comm) 719; [2019] WLR (D) 474, CA (Flaux, Leggatt, Rose LJJ)

  Subsequent considerations : 1 positive. Subsequent citations: 35.
  CONTRACT — Mistake — Common mistake
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  Case index catchwords

  CONTRACT — Mistake — Common mistake — Rectification — Claimant and defendant executing deeds for purpose of providing previously agreed security — Deeds also obliging claimant to undertake additional onerous obligations — Claimant seeking rectification of deeds on ground of common mistake — Whether intention of parties to be determined applying subjective or objective test

  CONTRACT — Mistake — Common mistake

  6 Case(s) considered

• Nasrullah v Rashid

  29 Nov 2018 [2018] EWCA Civ 2685; [2020] Ch 37; [2019] 2 WLR 1310; [2019] 4 All ER 424; [2018] WLR (D) 731, CA (Lewison, King, Peter Jackson LJJ)

  Subsequent citations: 3.
  LIMITATION OF ACTION — Land, recovery of — Possessory title
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  Case index catchwords

  LIMITATION OF ACTION — Land, recovery of — Possessory title — Registered proprietor deprived of title by forged transfer — New registered proprietor complicit in fraud and occupying property — Original proprietor applying to rectify register 24 years later — Whether new registered proprietor having adverse possession claim — Whether registered proprietor precluded from relying on own fraud — Whether exceptional circumstances justifying not altering register — Land Registration Act 1925 (15 & 16 Geo 5, c 21), ss 20(4), 69, 75 — Land Registration Act 2002 (c 9), Sch 4, paras 2, 3(3), Sch 12, para 18 — Limitation Act 1980 (c 58) (as amended by Trusts of Land and Appointment of Trustees Act 1996 (c 47), s 25(2), Sch 4), ss 15, 18, Sch 1, para 1

  5 Case(s) considered

  3 Statutes considered
• PJSC Commercial Bank Privatbank v Kolomoisky

  04 Dec 2018 [2018] EWHC 3308 (Ch); [2019] 1 All ER (Comm) 871, Ch D (Fancourt J)

  15 Oct 2019 [2019] EWCA Civ 1708; [2020] Ch 783; [2020] 2 WLR 993; [2020] 2 All ER 319; [2020] 1 All ER (Comm) 555; [2020] 2 Lloyd's Rep 269; [2019] WLR (D) 565, CA (David Richards, Flaux, Newey LJJ)

  06 Apr 2020 (appn dis) [2020] 1 WLR 3353, SC(E) (Lord Reed PSC, Lord Briggs, Lord Sales JJSC)

  Subsequent considerations : 1 positive; 1 neutral; most recently considered: 2022. Subsequent citations: 37.
  INJUNCTION — Freezing order — Discharge

  CONFLICT OF LAWS — Jurisdiction under European Convention — Forum non conveniens

  CONFLICT OF LAWS — Jurisdiction under European Convention — Action against several defendants

  CONFLICT OF LAWS — Jurisdiction under European Convention — Lis alibi pendens

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Lis alibi pendens
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  Case index catchwords

  INJUNCTION — Freezing order — Discharge — Whether worldwide freezing orders should be set aside for non-disclosure or misrepresentation or reduced to a lesser maximum sum

  CONFLICT OF LAWS — Jurisdiction under European Convention — Forum non conveniens — Defendants including Ukranians domiciled in Switzerland, companies registered in England and companies incorporated in British Virgin Islands — Whether English defendants anchor defendants — Whether good arguable case against Ukranian defendants — Whether claims to be stayed in favour of lis pendens in Ukraine — Whether action against BVI defendants to be stayed on grounds on forum non conveniens — CPR r 3.1(2)(f) — Parliament and Council Regulation (EU) No 1215/2012, art 34 — Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters 2007, arts 6, 28

  CONFLICT OF LAWS — Jurisdiction under European Convention — Action against several defendants — Claimant contending court having jurisdiction over Swiss defendants on basis of close connection to claim against English co-defendants — Whether abuse of Convention to bring claim against English defendants with sole object of founding jurisdiction against foreign co-defendants — Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007), art 6(1)

  CONFLICT OF LAWS — Jurisdiction under European Convention — Lis alibi pendens — Application to stay claim on grounds related action pending in courts of non-Convention state — Whether Convention to be applied by analogy — Whether actions capable of being “related” if not capable of consolidation in one jurisdiction — Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007), art 28

  CONFLICT OF LAWS — Jurisdiction under European Union Regulation — Lis alibi pendens — Application to stay claim on grounds related action pending in courts of non-member state — Whether actions capable of being “related” if not capable of consolidation in one jurisdiction — Parliament and Council Regulation (EU) 1215/2012, art 34

  8 Case(s) considered

  2 Words & Phrases considered

  1 EU Enactment considered

  1 International Agreement considered

• In re Challen, decd (Challen v Challen)

  27 May 2020 [2020] EWHC 1330 (Ch); [2020] Ch 692; [2020] 3 WLR 440; [2021] 2 All ER 738; [2020] WLR(D) 356, Ch D (Judge Paul Matthews sitting as a High Court judge)

  Subsequent citations: 1.
  ADMINISTRATION OF ESTATES — Public policy — Manslaughter of testator
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  Case index catchwords

  ADMINISTRATION OF ESTATES — Public policy — Manslaughter of testator — Claimant’s conviction for murdering husband quashed and retrial ordered — Claimant pleading guilty to manslaughter — Claimant claiming order modifying effect of forfeiture rule to enable her to take gift under husband’s will — Whether claim brought within three months of “conviction” as required by statutory time limit — Whether time running from conviction for murder or conviction for manslaughter — Whether claimant convicted of manslaughter when pleading guilty or when sentenced — Forfeiture Act 1982 (c 34), s 2(3)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

• Addlesee v Dentons Europe llp

  13 Nov 2018 [2018] EWHC 3010 (Ch); [2019] 1 BCLC 570, Ch D (Master Clark)

  02 Oct 2019 [2019] EWCA Civ 1600; [2020] Ch 243; [2019] 3 WLR 1255; [2020] 1 All ER 124; [2020] 1 BCLC 15; [2019] WLR (D) 538, CA (Lewison, Floyd, Hamblen LJJ)

  Subsequent citations: 6.
  EVIDENCE — Legal professional privilege — Dissolved company

  PRACTICE — Disclosure — Privilege
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  Case index catchwords

  EVIDENCE — Legal professional privilege — Dissolved company — Claimants bringing action against solicitors for enabling company to operate fraudulent investment scheme — Claimants seeking disclosure of client files relating to company held by solicitors — Effect of company’s dissolution on legal professional privilege

  PRACTICE — Disclosure — Privilege — Legal advice privilege — Privilege attaching to documents passing between company and solicitors — Company later dissolved and Crown disclaiming all interest in property — Whether documents remaining privileged following dissolution of company

  6 Case(s) considered

• High Comr for Pakistan in the United Kingdom v Prince Muffakham Jah

  02 Oct 2019 [2019] EWHC 2551 (Ch); [2020] Ch 421; [2020] 2 WLR 699; [2019] WLR(D) 561, Ch D (Marcus Smith J)

  Subsequent citations: 6.
  PRACTICE — Claim — Striking out

  CONFLICT OF LAWS — Sovereign immunity — Act of state

  TRUSTS — Creation — Transfer of money
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  Case index catchwords

  PRACTICE — Claim — Striking out — Abuse of process — Sovereign state and others asserting ownership of fund — State preventing claims from being brought against it within limitation period by relying on sovereign immunity — State subsequently waiving immunity in order to bring claim in respect of fund — State raising limitation defences to interpleaders’ claims to ownership of fund — Whether abuse of process

  CONFLICT OF LAWS — Sovereign immunity — Act of state — Proceedings concerning transfer of fund from one sovereign state to another and manner in which fund held — Whether proceedings justiciable — Whether act of state doctrine applicable to some but not all issues in proceedings

  TRUSTS — Creation — Transfer of money — Fund belonging to Nizam of Hyderabad transferred to account at United Kingdom bank in name of Pakistani High Commissioner — Nizam’s successors in title claiming fund held by Pakistan on trust — Whether in principle payment from one sovereign state to another giving rise to trust relationship — Whether fund held by Pakistan on trust

  2 Case(s) considered

• Times Travel (UK) Ltd v Pakistan International Airlines Corpn

  14 Jun 2017 [2017] EWHC 1367 (Ch), Ch D (Warren J)

  14 May 2019 [2019] EWCA Civ 828; [2020] Ch 98; [2019] 3 WLR 445; [2020] 1 All ER (Comm) 31; [2019] 2 Lloyd's Rep 89; [2019] WLR (D) 277, CA (David Richards, Moylan, Asplin LJJ)

  05 Feb 2020 (appn all) [2020] 1 WLR 2523; Case details, SC(E) ( Lord Reed PSC, Lady Arden, Hamblen JJSC)

  18 Aug 2021 (Ukraine intervening) [2021] UKSC 40; [2021] 3 WLR 727; [2022] 2 All ER 815; [2022] 1 All ER (Comm) 361; [2021] 2 Lloyd's Rep 234; The Times, 20 September 2021, SC(E) (Lord Reed PSC, Lord Hodge DPSC, Lord Lloyd-Jones, Lord Kitchin, Lord Burrows JJSC)

  Subsequent citations: 15.
  CONTRACT — Validity — Economic duress
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  Case index catchwords

  CONTRACT — Validity — Economic duress — Contract entered into following exercise of lawful pressure in good faith — Whether contract voidable on grounds of duress

  7 Case(s) considered

• Pask v Menon

  07 Oct 2019 [2019] EWHC 2611 (Ch); [2020] Ch 66; [2020] 2 WLR 43; [2020] 1 All ER (Comm) 990; [2020] BPIR 244; [2019] WLR (D) 552; [2019] PLSCS 193; [2019] All ER (D) 79 (Oct), Ch D (Mann J)

  MORTGAGE — Receiver — Mortgaged property
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  Case index catchwords

  MORTGAGE — Receiver — Mortgaged property — Non-corporate mortgagors charging home by way of legal mortgage — Mortgage empowering mortgagee to appoint receivers who would be deemed to be mortgagors’ agents — Receivers having right under mortgage to take possession of property and bring proceedings — Whether receivers entitled to claim possession against mortgagors in occupation — Whether court having discretion to postpone possession order — Whether receivers “deriving title under the … mortgagee” — Administration of Justice Act 1970 (c 31), ss 36, 39(1)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Aldford House Freehold Ltd v Grosvenor (Mayfair) Estate

  14 Dec 2018 [2018] EWHC 3430 (Ch); [2019] 1 WLR 1489; [2018] WLR(D) 769, Ch D (Fancourt J)

  01 Nov 2019 [2019] EWCA Civ 1848; [2020] Ch 270; [2020] 2 WLR 116; [2019] WLR(D) 602, CA (Rafferty, Lewison, David Richards LJJ)

  09 Jun 2020 (appn dis) [2020] 1 WLR 3622, SC(E) (Lord Kerr of Tonaghmore, Lady Arden, Lord Hamblen JJSC)

  Subsequent citations: 1.
  LANDLORD AND TENANT — Leasehold enfranchisement — Tenants’ right to acquire freehold

  LANDLORD AND TENANT — Collective enfranchisement — Tenants’ right to acquire freehold
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  Case index catchwords

  LANDLORD AND TENANT — Leasehold enfranchisement — Tenants’ right to acquire freehold — Tenants seeking to exercise right to collective enfranchisement in relation to building — Two notices served on landlord on basis of different number of flats in building — Not all qualifying tenants of flats in specified premises named in initial notice — Claim form relying on initial notice only — Proper meaning of “flat” — Correct number of “flats” in building — Whether initial notice valid — Whether tenants able to rely on second notice — Leasehold Reform, Housing and Urban Development Act 1993 (c 28), ss 5(1), 13, 21, 22, 29, 101(1)

  LANDLORD AND TENANT — Collective enfranchisement — Tenants’ right to acquire freehold — Tenants seeking to exercise right to collective enfranchisement in relation to building — Freeholder contending initial notice invalid for failure to name all qualifying tenants of “flats” in building — Proper meaning of “flat” — Whether relevant areas “separate set of premises” — Whether relevant areas “constructed or adapted for use for the purposes of a dwelling” — Leasehold Reform, Housing and Urban Development Act 1993 (c 28) ss 13, 101(1)

  6 Case(s) considered

  4 Words & Phrases considered

  1 Statute considered
• Zavarco plc v Nasir

  20 Mar 2020 [2020] EWHC 629 (Ch); [2020] Ch 651; [2020] 3 WLR 98; [2020] WLR(D) 236, Ch D (Birss J)

  05 Aug 2021 [2021] EWCA Civ 1217; [2022] Ch 105; [2022] 2 WLR 261; [2022] 2 All ER 388; [2021] WLR(D) 440; The Times, 28 October 2021, CA (Henderson, Warby LJJ, Sir David Richards)

  12 May 2022 (appn all) [2022] 1 WLR 2971, SC(E) ( Lord Hodge DPSC, Lord Sales, Lord Leggatt JJSC)

  Subsequent considerations : 1 positive; most recently considered: 2021. Subsequent citations: 6.
  DEBT — Cause of action — Merger in judgment
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  Case index catchwords

  DEBT — Cause of action — Merger in judgment — Court granting declaration that shares allotted to defendant unpaid for — Company exercising right to forfeit shares — Defendant remaining liable under articles of association to pay for shares — Company bringing claim in debt to recover sum payable — Whether company’s cause of action in debt extinguished by declaratory judgment — Whether doctrine of merger capable of applying to declarations

  DEBT — Cause of action — Merger in judgment — Court granting declaration that shares allotted to defendant unpaid for — Company bringing claim in debt to recover sum payable — Whether company’s cause of action in debt extinguished by merging in declaration — Whether doctrine of merger capable of applying to declarations

  5 Case(s) considered