IN THE MATTER OF BRIAN HERBERT COOKE sub nom BRIAN HERBERT COOKE v DUNBAR ASSETS PLC (2016)

A district judge had been plainly right to conclude that a creditor who had presented a bankruptcy petition had not unreasonably refused an offer by the debtor to compound for the relevant debt. The offer, which related to the debtor's half-share of the equity in the matrimonial home, extended to less than a quarter of … Continue reading IN THE MATTER OF BRIAN HERBERT COOKE sub nom BRIAN HERBERT COOKE v DUNBAR ASSETS PLC (2016)

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MOHAMED ALI HARRATH v (1) STAND FOR PEACE LTD (2) SAMUEL WESTROP (2016)

The law as to what might properly play a part in the assessment of damages for a defamatory allegation was clear. There were defined categories, such as facts proved in partial justification, which were recognised as legitimate bases for reducing damages. The mere fact that something had been mentioned in an article complained of as … Continue reading MOHAMED ALI HARRATH v (1) STAND FOR PEACE LTD (2) SAMUEL WESTROP (2016)

R (on the application of AMIN SINO) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)

In assessing costs under CPR r.44.2, courts could and ought to take into account the fact that lawyers practising in publicly-funded work might not be able to recover remuneration at inter partes rates where they were successful, and that there was a real risk that publicly-funded practices would be unsustainable and access to justice compromised. … Continue reading R (on the application of AMIN SINO) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)

NEW TASTY BAKERY LTD v MA ENTERPRISE (UK) LTD (2016)

A claimant was ordered to provide security for costs where its accounts showed that it was in financial difficulties, it owed substantial sums to its director and sole shareholder who could call for repayment at any time, and although it had alleged that an order would stifle its claim it had failed to produce any … Continue reading NEW TASTY BAKERY LTD v MA ENTERPRISE (UK) LTD (2016)

GOLDTRAIL TRAVEL LTD (In Liquidation) v ABDULKADIR AYDIN AND ORS (2016)

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)

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)