In deciding equitable compensation for dishonestly assisting a company director in breaching his fiduciary duties, the dishonest assisters were not liable to compensate the company for the misapplication of money which had been recouped before the company's liquidation. The misapplication of that money had not caused the company any loss because it had been repaid. … Continue reading GOLDTRAIL TRAVEL LTD (In Liquidation) v ABDULKADIR AYDIN AND ORS (2016)
Month: February 2018
MARY PATRICIA MUTCH v JAMES MUTCH (2016)
A judge had been wrong to find that he did not have the power to extend a spousal maintenance period. The original order had not excluded the wife's right to apply for such an extension, and on the evidence the application to extend had been made prior to the payment term ending. The wife appealed … Continue reading MARY PATRICIA MUTCH v JAMES MUTCH (2016)
TRANSOCEAN DRILLING UK LTD v PROVIDENCE RESOURCES PLC (2016)
The language of an exclusion clause made between commercially equal parties was clear in excluding liability for consequential losses in the form of "spread costs". Freedom of contract meant the court had been wrong to impose a restricted construction on the clause where the parties had agreed that neither should be liable to the other … Continue reading TRANSOCEAN DRILLING UK LTD v PROVIDENCE RESOURCES PLC (2016)
LSREF III WIGHT LTD v GATELEY LLP (2016)
The alleged transactional loss sustained by a lender that had advanced money to a company for a first legal charge over a property on the basis of negligent legal advice was calculated as at the trial date, not the transaction date, in circumstances where the loss had not been crystallised by realisation of the … Continue reading LSREF III WIGHT LTD v GATELEY LLP (2016)
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