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)
SIMPKIN v BERKELEY GROUP HOLDINGS PLC (2016)
The claimant applied for the trial of a preliminary issue or split trial and for costs budgeting to apply to his claim that he was entitled to benefit under his former employer's bonus and long-term incentive plans. The claimant worked for the defendant listed house-building group as the group finance director. As a member … Continue reading SIMPKIN v BERKELEY GROUP HOLDINGS PLC (2016)
WARNERS RETAIL (MORETON) LTD v (1) COTSWOLD DISTRICT COUNCIL (2) MINTON HEALTHCARE LTD (3) GLAMAR LEISURE LTD (4) SAINSBURY’S SUPERMARKETS LTD (2016)
A retail company appealed against the refusal ([2014] EWHC 2504 (Admin)) of its application for judicial review of the first respondent local authority's grant of outline planning permission to the second and third respondents for a food store. The proposed development site was situated about 500m from the town centre. The appellant's food store … Continue reading WARNERS RETAIL (MORETON) LTD v (1) COTSWOLD DISTRICT COUNCIL (2) MINTON HEALTHCARE LTD (3) GLAMAR LEISURE LTD (4) SAINSBURY’S SUPERMARKETS LTD (2016)
PT (SRI LANKA) v ENTRY CLEARANCE OFFICER, CHENNAI (2016)
The appellant Sri Lankan national appealed against a decision to refuse him entry clearance. The appellant had lived in Sri Lanka with his parents and three siblings. His father came to the UK and obtained indefinite leave to remain in 2010. Shortly afterwards his brother entered the UK on a student visa. The appellant's … Continue reading PT (SRI LANKA) v ENTRY CLEARANCE OFFICER, CHENNAI (2016)
JOHN COZENS v REVENUE & CUSTOMS COMMISSIONERS (2016)
It was not in the interests of justice to admit a taxpayer's late application for his costs relating to a preliminary issue in an appeal against an assessment for excise duty. Applying the approach laid out in Denton v TH White Ltd [2014] EWCA Civ 906, [2014] 1 W.L.R. 3926, the delay of over five … Continue reading JOHN COZENS v REVENUE & CUSTOMS COMMISSIONERS (2016)
Law Lessons 4 Life 