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Cases Dominic Chambers

Kazakhstan Kagazy PLC v Baglan Abdullayevich Zhunus & Ors (2020)

Judgment Date: 25 Mar 2020

he court declined to exercise its discretion under CPR r.3.1(7) to reconsider or vary various orders concerning the failure of a party in relation to information and pleadings, as the discovery of an order made in another jurisdiction was not a material change of circumstances and there had been no misstatement to the court about the existence of the order.

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Cathal Anthony Lyons v Fox Williams LLP (2018)

Judgment Date: 25 Oct 2018

A solicitor instructed to deal with a client's claim under an accident, death and disablement insurance policy had not been under a duty to warn his client about his rights arising out of the same accident under a long-term disability insurance policy which was not covered by the retainer, nor had a duty arisen to warn him to take advice.

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(1) JSC BTA Bank (2) BTA Securities JSC v Turkiye Vakiflar Bankasi Tao (2018)

Judgment Date: 17 Apr 2018

In proceedings between a Turkish bank and a Kazakhstan bank relating to the enforcement of a guarantee governed by Turkish law, an order granting permission to serve outside the jurisdiction was set aside on the basis that the claimant had submitted to the jurisdiction of the Turkish courts by continuing to defend the substantive proceedings and inviting the Turkish court to rule in its favour on the merits.

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(1) Montreux Capital Management (UK) Ltd (2) MCM UK (Group) Holdings Ltd (3) Montreux Group (Holdings) Ltd v (1) John Godden (2) Wentworth Hall Consultancy Ltd (3) Ian Morley (2018)

Judgment Date: 21 Mar 2018

The court did not grant summary judgment in a dispute over the terms of a settlement agreement where it was at least arguable that a deal carried out by the defendant did not qualify as such under the agreement and where the objective meaning of the words in the agreement supported that view.

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Exportadora De Sal S.A. De C.V. v Corretaje Maritimo Sud-Americano Inc (2018)

Judgment Date: 09 Feb 2018

In relation to a shipbuilding contract entered into by a Mexican buyer and governed by English law, a decree made in Mexico that the tender process leading to the contract was a nullity did not deprive an arbitrator who had determined a dispute in the seller's favour of substantive jurisdiction

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R (On The Application Of Miller & Anor) v Secretary Of State For Exiting The European Union (2017)

Judgment Date: 24 Jan 2017

The Government did not have power under the Crown's prerogative to give notice pursuant to TEU art.50(2) for the UK to withdraw from the EU. An Act of Parliament was required.

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R (On The Application Of (1) Gina Miller (2) Deir Tozetti Dos Santos) (Claimants) v Secretary Of State For Exiting The European Union (Defendant) & (1) Grahame Pigney & Ors (2) AB, KK, PR & Children (

Judgment Date: 24 Jan 2017

The Government did not have power under the Crown's prerogative to give notice pursuant to TEU art.50(2) for the UK to withdraw from the EU. An Act of Parliament was required.

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R (On The Application Of (1) Gina Miller (2) Deir Tozetti Dos Santos) (Claimants) v Secretary Of State For Exiting The European Union (Defendant) & (1) Grahame Pigney & Ors (2) AB, KK, PR & Children (

Judgment Date: 03 Nov 2016

The Government did not have power under the Crown's prerogative to give notice pursuant to TEU art.50 for the UK to withdraw from the EU.

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In the Matter of SABMiller PLC (2016)

Judgment Date: 23 Aug 2016

In relation to the summoning of members to a shareholders' meeting to consider a scheme of arrangement, the Companies Act 2006 s.895 and s.896 had to be interpreted flexibly and consistently with the legislative intention to promote compromise. There was no injustice to a member waiving the right to participate in the scheme meeting where it had already given an irrevocable undertaking to be bound by the proposed scheme; nor was there any injustice to other members in such a waiver, since they had no right to force a consenting member to attend and vote.

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Slocom Trading Ltd v Tatik Inc & Ors (2012)

Judgment Date: 04 Dec 2012

The court was required to determine the validity and effectiveness of a number of contracts between companies through which two businessmen had managed their financial affairs.

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Stornoway 2011 Ltd v SIV Portfolio Plc (In Receivership) (2011)

Judgment Date: 14 Nov 2011

The court determined certain issues relating to the interpretation of an indemnity clause in an investment and funding management agreement.

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JD Cleverly Ltd & Cwmbran Motors Ltd v Family Finance Ltd (2010)

Judgment Date: 21 Dec 2010

A county court judge had erred in finding that motor dealers had concluded several contracts of sale with a finance company. The parties' conduct could not properly be regarded as manifesting an intention to create a legal relationship in the form of a contract of sale.

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OT Computers Ltd (In Administration) v First National Tricity Finance Ltd & Ors (2003)

Judgment Date: 09 May 2003

The claimant company, who had set up trusts in anticipation of insolvency proceedings to safeguard customers' and suppliers' monies, remained the beneficial owners of the fund to the extent to which it had not effectively, by its declaration of trust, created benefical interests in the fund in favour of the beneficiaries.

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National Westminster Bank Plc v Somer International (UK) Ltd (2001)

Judgment Date: 22 Jun 2001

The defendant could only rely on a plea of estoppel by representation, as a defence to the recovery of the entirety of a sum mistakenly transferred to it by the claimant, to the extent that it had acted to its detriment in reliance upon that representation.

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R v Securities & Futures Authority Ltd & Ors (2001)

Judgment Date: 26 Apr 2001

The power to impose an unlimited fine for improper trading in financial markets did not render disciplinary hearings for registered traders criminal in nature.

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Bluewater Operations (UK) Ltd v Amerada Hess Ltd (2000)

Judgment Date: 31 Jul 2000

Construction of a contract, for the provision of a floating production storage and offtake facility, in relation to payments made during the time when the facility was taken off-field for repair.

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Tamarind International Ltd & Ors v Eastern Natural Gas (Retail) Ltd & Ors (2000)

Judgment Date: 12 Jun 2000

Agreements under which the claimants were appointed as the defendants' agents for the purpose of procuring new customers for the defendants in the newly deregulated gas and electricity supply industries were governed by the Commercial Agents (Council Directive) Regulations 1993 SI 1993/3053.

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David Edgar Heaton & Ors v AXA Equity & Law Life Assurance Society Plc & Ors (2000)

Judgment Date: 19 May 2000

Claimants' appeal from the decision of Laddie J on the trial of a preliminary issue as to the effect upon these proceedings of a settlement agreement ('the agreement') made between the claimants and the third parties.

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Alliance & Leicester Plc v Pellys (a firm) (1999)

Judgment Date: 09 Jul 1999

Proposed amendments to the statement of claim by the claimant outside the applicable limitation periods were to be disallowed as they sought to raise new causes of action on different facts.

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