R (ON THE APPLICATION OF XY) (Claimant) v MAIDSTONE BOROUGH COUNCIL (Defendant) & THOMAS SMITH (Interested Party) (2016)

The claimant applied for judicial review of the defendant local authority's decision to grant planning permission to the interested party for the change of use of land.   The application site formed part of a wider site which had been granted planning permission for the retention of a mobile home, a touring caravan and a … Continue reading R (ON THE APPLICATION OF XY) (Claimant) v MAIDSTONE BOROUGH COUNCIL (Defendant) & THOMAS SMITH (Interested Party) (2016)

TOBIAS BOWEN v (1) SECRETARY OF STATE FOR THE HOME DEPARTMENT (2) UNITED STATES OF AMERICA (2016)

The appellant (B) appealed against the respondent secretary of state's decision to order his extradition to the US. He sought permission to appeal on the ground that his extradition would breach ECHR art.5.   The US government had requested B's extradition to New York in respect of allegations of sexual offences. New York law provided … Continue reading TOBIAS BOWEN v (1) SECRETARY OF STATE FOR THE HOME DEPARTMENT (2) UNITED STATES OF AMERICA (2016)

OZLEM KUPELI & ORS v (1) KIBRIS TURK HAVA YOLLARI SIRKETI (T/A CYPRUS TURKISH AIRLINES) (2) ATLASJET HAVACILIK ANONIM SIRKETI (2016)

The court was required to determine issues in relation to costs following a claim for damages brought by the claimant passengers against the defendant airline.   The passengers had sought to recover damages for breach of contract or compensation following the airline's failure to provide them with replacement flights after another airline's operator's certificate was … Continue reading OZLEM KUPELI & ORS v (1) KIBRIS TURK HAVA YOLLARI SIRKETI (T/A CYPRUS TURKISH AIRLINES) (2) ATLASJET HAVACILIK ANONIM SIRKETI (2016)

ZUMAX NIGERIA LTD v FIRST CITY MONUMENT BANK PLC (2016)

A Nigerian bank appealed against the dismissal ([2014] EWHC 2075 (Ch)) of its applications for an extension of time in which to challenge the jurisdiction of the English court and for relief from sanctions.   The company, which was incorporated in Nigeria, claimed that between 2000 and 2002 monies had been transferred from its London … Continue reading ZUMAX NIGERIA LTD v FIRST CITY MONUMENT BANK PLC (2016)

AMIR AHMAD & 6 ORS v BANK OF SCOTLAND PLC & 6 ORS (2016)

The appellants appealed against a decision ([2014] EWHC 4611 (Ch)) striking out their claim for damages against the respondent bank and against receivers appointed by the bank.   The first to fourth appellants (X) had traded in a partnership (the fifth appellant). The partnership owned a number of residential properties. Its borrowing from the bank … Continue reading AMIR AHMAD & 6 ORS v BANK OF SCOTLAND PLC & 6 ORS (2016)

BOUYGUES (UK) LTD v FEBREY STRUCTURES LTD (2016)

A building company brought a claim for declarations concerning the terms for interim payments made under its contract with a sub-contractor and the validity of one of its payment notices.   The company had sub-contracted the construction of a university building to the sub-contractor in March 2015. Clause 21 of the contract provided for the … Continue reading BOUYGUES (UK) LTD v FEBREY STRUCTURES LTD (2016)

KHAN PARTNERSHIP LLP v INFINITY DISTRIBUTION LTD (IN ADMINISTRATION) (2016)

The defendant solicitors firm appealed against a master's refusal to set aside the claimant company's extension of time for service of a claim form.   The claimant had been investigated for VAT fraud. The defendant had been acting for the claimant. In July 2008, the claimant was successful in its VAT appeal, but subsequently went … Continue reading KHAN PARTNERSHIP LLP v INFINITY DISTRIBUTION LTD (IN ADMINISTRATION) (2016)

MOHAMMAD REZA GHADAMI v PAUL BLOOMFIELD & 18 ORS (2016)

The claimant asked a judge to recuse himself from continuing to hear an appeal and an application brought by him in connection with the striking out of his claims.   The claimant had brought claims for damages against 19 defendants. When all but one of his claims were struck out he appealed against the judge's … Continue reading MOHAMMAD REZA GHADAMI v PAUL BLOOMFIELD & 18 ORS (2016)

D AMICO SHIPPING ITALIA SPA v ENDOFA DMCC & ANOR (2016)

The claimant ship owners applied for summary judgment on a claim against the first defendant charterer for the balance of freight owing under a voyage charterparty.   The owner's vessel had been chartered to ship a cargo of crude oil. The charterparty contained a provision that freight was to be paid "before breaking bulk" and … Continue reading D AMICO SHIPPING ITALIA SPA v ENDOFA DMCC & ANOR (2016)

NAVIG8 CHEMICALS POOL INC v (1) NU TEK (HK) PVT LTD (2) INDER SHARMA (2) MURUGAIYAN KARTHIKEYAN (2016)

The claimant applied for the respondents to be held in contempt of court for failure to comply with disclosure obligations in a worldwide freezing order.   The claimant had obtained an arbitration award against the first respondent Hong Kong company. The Hong Kong court gave permission to enforce the award as a Hong Kong judgment. … Continue reading NAVIG8 CHEMICALS POOL INC v (1) NU TEK (HK) PVT LTD (2) INDER SHARMA (2) MURUGAIYAN KARTHIKEYAN (2016)