A hedge fund appealed against a decision of the Court of Appeal of the Cayman Islands that it was not entitled to "claw back" bonus fees it had paid to the respondent fund manager (F). The hedge fund had employed F under a consultancy services agreement which required it to provide investment advice and to … Continue reading ENNISMORE FUND MANAGEMENT LTD v FENRIS CONSULTING LTD (2016)
SUTTON LONDON BOROUGH COUNCIL v (1) MH (2) RH (3) NH (2016)
The local authority applied for a care order under the Children Act 1989 Pt IV in respect of the third respondent 16-year-old boy. The boy was born in South Africa and later moved to Canada. In 2012 he moved to Switzerland with his mother. He was sent to boarding school in Zimbabwe and later attended … Continue reading SUTTON LONDON BOROUGH COUNCIL v (1) MH (2) RH (3) NH (2016)
RE SHERLOCK HOLMES INTERNATIONAL SOCIETY sub nom JOHN AIDIANTZ (Petitioner) v SHERLOCK HOLMES INTERNATIONAL SOCIETY LTD (Respondent) & (1) STEPHEN RILEY (2) JENNIFER DECOTEAU (3) PINDER REAUX & ASSOCIATES (Costs Respondents) (2016)
The court had to determine a claim for breach of warranty of authority brought against the respondent solicitors. The claim arose in the context of a family dispute concerning a company. The claimant (X) had presented a petition in 2014 to wind-up the company on grounds of insolvency. A winding-up order was made in March … Continue reading RE SHERLOCK HOLMES INTERNATIONAL SOCIETY sub nom JOHN AIDIANTZ (Petitioner) v SHERLOCK HOLMES INTERNATIONAL SOCIETY LTD (Respondent) & (1) STEPHEN RILEY (2) JENNIFER DECOTEAU (3) PINDER REAUX & ASSOCIATES (Costs Respondents) (2016)
R v HARVINDER UBBEY (2016)
The appellant (U) appealed against a sentence of 30 months' imprisonment following his conviction for causing death by dangerous driving. The victim was an 89-year-old man who had been crossing the road when U had struck him. U had been driving a new, powerful car. Agreed expert evidence showed that U had been driving at … Continue reading R v HARVINDER UBBEY (2016)
ASDA STORES LTD v BRIERLEY & ORS (2016)
An employer appealed against a decision of the Employment Appeal Tribunal that an employment tribunal did not have the power to impose a stay on proceedings before it to enable equal pay claims brought by the respondent employees to be heard in the High Court. Claims had been brought in the employment tribunal by over … Continue reading ASDA STORES LTD v BRIERLEY & ORS (2016)
MP (SRI LANKA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)
The appellant Sri Lankan national appealed against a refusal ([2014] EWCA Civ 829) of his application for asylum. The respondent secretary of state had accepted that the appellant had been a member of the Liberation Tigers of Tamil Eelam, and that he had been detained and tortured by the Sri Lankan security forces. However, she … Continue reading MP (SRI LANKA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)
TAIWO v OLAIGBE & ANOR : ONU v AKWIWU & ANOR (2016)
In conjoined appeals, two migrant domestic workers appealed against a decision ([2014] EWCA Civ 279) that their employers' mistreatment of them did not amount to race discrimination contrary to the Equality Act 2010 and the Race Relations Act 1976. The workers were in the UK on migrant domestic worker's visas obtained for them by their … Continue reading TAIWO v OLAIGBE & ANOR : ONU v AKWIWU & ANOR (2016)
BROADVIEW ENERGY DEVELOPMENTS LTD v (1) SECRETARY OF STATE FOR COMMUNITIES & LOCAL GOVERNMENT (2016)
An energy company appealed against a decision that the fact that the local MP had lobbied against its proposed wind farm did not render the refusal of planning permission by the first respondent secretary of state unlawful. Permission had initially been refused in 2011. The application was not finally determined until December 2014, when, after … Continue reading BROADVIEW ENERGY DEVELOPMENTS LTD v (1) SECRETARY OF STATE FOR COMMUNITIES & LOCAL GOVERNMENT (2016)
APOLLO VENTURES CO LTD v SURINDER SINGH MANCHANDA & 7 ORS (2016)
The defendants applied to discharge a worldwide freezing order granted without notice on the claimant's application. The first, fifth and sixth defendants applied to set aside permission to serve proceedings on them out of the jurisdiction. The claimant was a Thai company of which the first claimant was the founder and a major shareholder. … Continue reading APOLLO VENTURES CO LTD v SURINDER SINGH MANCHANDA & 7 ORS (2016)
SAM THEEDOM v (1) NOURISH TRAINING LTD (T/A CSP RECRUITMENT) (2) COLIN SEWELL (2016)
The claimant employee claimed damages for libel for emails sent by the defendant employers. The employee had been employed as a trainee recruitment consultant. Two of his fellow employees joined a rival firm and he was accused of leaking confidential information to them. On 26 June 2014 after a short investigation the employee was … Continue reading SAM THEEDOM v (1) NOURISH TRAINING LTD (T/A CSP RECRUITMENT) (2) COLIN SEWELL (2016)
Law Lessons 4 Life 