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)

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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)

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)

RE N (CHILDREN) (2016)

The court considered the proper approach to determining applications to transfer care proceedings to foreign courts under Regulation 2201/2003 art.15. The issues of whether a court was "better placed" to hear proceedings and whether transfer was in the "best interests" of the child were separate questions which had to be addressed separately. If a foreign … Continue reading RE N (CHILDREN) (2016)

LYNN SHELLFISH LTD & ORS v LOOSE & ANOR (2016)

The extent of an exclusive prescriptive right to take cockles and mussels from a stretch of the foreshore on the east side of the Wash, on the west coast of Norfolk, was to be determined, on its western, seaward boundary, by reference to the lowest astronomical tide. The right did not extend to sandbanks which … Continue reading LYNN SHELLFISH LTD & ORS v LOOSE & ANOR (2016)