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)
Tag: Civil Procedure
ASEFA YESUF IMPORT & EXPORT AND ORS (2016)
The defendant Danish shipowner challenged the jurisdiction of the court on the basis that the proceedings had not been validly served on it in Denmark and the claimant shippers applied for service to be validated or dispensed with. The shipowner had issued bills of lading to the claimants, who were Ethiopian shippers who exported … Continue reading ASEFA YESUF IMPORT & EXPORT AND ORS (2016)
TRIDENT MAINTAIN LTD v FALCON INVESTMENT LTD (2016)
The claimant contractor applied for summary judgment to enforce an adjudicator's decision in its favour and the defendant applied for a stay of execution. The parties had entered into a building contract. Disputes arose concerning in particular the value of an interim payment application. The claimant referred the matter to adjudication and the adjudicator … Continue reading TRIDENT MAINTAIN LTD v FALCON INVESTMENT LTD (2016)
OZLEM KUPELI & ORS v (1) KIBRIS TURK HAVA YOLLARI SIRKETI (T/A CYPRUS TURKISH AIRLINES) (2) ATLASJET HAVACILIK ANONIM SIRKETI (2016)
The court was required to determine issues in relation to costs following a claim for damages brought by the claimant passengers against the defendant airline. The passengers had sought to recover damages for breach of contract or compensation following the airline's failure to provide them with replacement flights after another airline's operator's certificate was … Continue reading OZLEM KUPELI & ORS v (1) KIBRIS TURK HAVA YOLLARI SIRKETI (T/A CYPRUS TURKISH AIRLINES) (2) ATLASJET HAVACILIK ANONIM SIRKETI (2016)
ZUMAX NIGERIA LTD v FIRST CITY MONUMENT BANK PLC (2016)
A Nigerian bank appealed against the dismissal ([2014] EWHC 2075 (Ch)) of its applications for an extension of time in which to challenge the jurisdiction of the English court and for relief from sanctions. The company, which was incorporated in Nigeria, claimed that between 2000 and 2002 monies had been transferred from its London … Continue reading ZUMAX NIGERIA LTD v FIRST CITY MONUMENT BANK PLC (2016)
AMIR AHMAD & 6 ORS v BANK OF SCOTLAND PLC & 6 ORS (2016)
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)
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)
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)
GOLDCREST DISTRIBUTION LTD v (1) CHARLES JOSEPH MCCOLE (2) MARY ORR MCCOLE (3) JEREMY WILLMONT (TRUSTEE IN BANKRUPTCY OF CHARLES JOSEPH MCCOLE) (2016)
The claimant applied for the setting aside of a default judgment entered against it after it failed to file a defence to the second defendant's counterclaim. The claimant had extended credit to a company owned by the second defendant's husband, secured by a charge executed by the couple over their house. When the loan was … Continue reading GOLDCREST DISTRIBUTION LTD v (1) CHARLES JOSEPH MCCOLE (2) MARY ORR MCCOLE (3) JEREMY WILLMONT (TRUSTEE IN BANKRUPTCY OF CHARLES JOSEPH MCCOLE) (2016)
Law Lessons 4 Life 