CPL LTD v CPL OPCO (TRINIDAD) LTD (2016)

The claimant applied for permission to add an additional defendant to its claim and to re-amend the particulars of claim to make a claim against that party. The claimant was the originator of a cricket league staged in the West Indies. The defendant, a company incorporated in Trinidad and Tobago, had been set up for … Continue reading CPL LTD v CPL OPCO (TRINIDAD) LTD (2016)

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JANUS CAPITAL MANAGEMENT LLC v SAFEGUARD WORLD INTERNATIONAL LTD (2016)

The claimant investment management company (J) claimed that the defendant payroll company (S) was in breach of contract. In the alternative, J made claims for breach of fiduciary duty and breach of duty of care. J was based in the US but had employees in several different countries. S provided international payroll processing services to … Continue reading JANUS CAPITAL MANAGEMENT LLC v SAFEGUARD WORLD INTERNATIONAL LTD (2016)

JAPAN MPV MOTORS LTD v REVENUE & CUSTOMS COMMISSIONERS (2016)

Where a car dealership accepted the return of a car from a customer on the ground that it was defective, and agreed to supply a different car at a future time, the date of the original sale was not the point of supply for VAT purposes. VAT was a tax on turnover generated from the … Continue reading JAPAN MPV MOTORS LTD v REVENUE & CUSTOMS COMMISSIONERS (2016)

ENNISMORE FUND MANAGEMENT LTD v FENRIS CONSULTING LTD (2016)

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)

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)

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)

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)