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Cases Richard Morgan

Cadogan Petroleum Plc v Mark Tolley (December 2009)

Judgment Date: 16 Dec 2009

The court ordered disclosure of parts of a settlement agreement necessary for the applicants to conduct their defences at trial, the disclosure did not extend to unlimited inspection of the agreement.

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Cadogan Petroleum PLC v Tolley (October 2009)

Judgment Date: 16 Oct 2009

An application was granted to use part of the transcript of a pre-trial cross-examination of a defendant, which was subject to an undertaking as to its use, in an action for breach of contract, breach of trust and conspiracy. The use of the material was, however, restricted if the defendant chose not to serve any evidence at trial, as it would then be inappropriate for the claimants to adduce his answers in cross-examination as part of their primary case.

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Itsalat International Co Ltd v Allied TC Plc & Ors (2009)

Judgment Date: 14 May 2009

The grant of a without notice freezing injunction on the basis of a real risk of asset dissipation had been correctly granted and allegations of material non-disclosure were manifestly unsustainable.

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Menolly v Cerep Sarl (2009)

Judgment Date: 18 Mar 2009

On the true interpretation of a building contract the provision of "level access" to retail units was included in the works as defined, and a certificate of practical completion given on the basis that such provision was not within the works was invalid; it was not within the authority of the employer's representative to certify practical completion on the basis of his own view of the meaning of the building contract.

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Pier Antonio Merlo v Michael Joseph Duffy (2009)

Judgment Date: 06 Feb 2009

Where the establishment of an offshore company had been paid for by two persons and it had been used for their joint business enterprise, the company's share certificates in bearer form delivered by the legal owner to one of them had belonged beneficially to both from the outset.

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Lambert v MCM Select Foods Ltd (2008)

Judgment Date: 27 Nov 2008

The court interpreted a clause in a shareholders' agreement on the basis that the inclusion of words of obligation in a transfer of shares provision did not, on their own, oblige shareholders to purchase the shares of shareholders who were no longer employed by the relevant company.

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Kier Regional Ltd v City & General (Holborn) Ltd & Others (2008)

Judgment Date: 17 Oct 2008

Interim third party debt orders would not be made final where the third parties' liabilities to the judgment debtor were in reality contingent liabilities or had not yet been quantified so that no debt was due and owing from the third parties. Even if there had been a debt due and owing, as a matter of discretion the orders would not be made final because that would cause the third parties to go into insolvent liquidation and a hearing to challenge the underlying arbitration award was imminent.

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Chantry Estates (South East) Ltd v Anderson & Anor (2008)

Judgment Date: 03 Oct 2008

A property development company was entitled to summary judgment for specific performance of a contract containing an option to buy freehold property when it had not been possible to say that the contract required an implied obligation or limitation to make it work.

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Ian Franses (Liquidator of Arab News Network Ltd) v Somar Al Assad (2007)

Judgment Date: 26 Oct 2007

In the circumstances the procedural deficiencies in a without notice application for a freezing injunction were such as to entitle the successful respondent to his costs on an indemnity basis.

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Post Office Ltd v Lee Castleton (2007)

Judgment Date: 22 Jan 2007

A subpostmaster was liable to account for shortfalls in the post office accounts where he admitted the correctness of his entries in the accounts and where there was no evidence to show the computing system was incorrect. The post office had been entitled to determine his contract for services summarily for non-performance of his obligations.

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Square Mile Partnership Ltd v Fitzmaurice McCall Ltd (2006)

Judgment Date: 18 Dec 2006

On the true interpretation of a share sale agreement the expression "accumulated net worth" in the clause in issue meant "net assets".

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Members
Richard Morgan QC

Practice areas
Commercial Disputes

Global Multimedia International Ltd v (1) ARA Media Services (2006)

Judgment Date: 21 Jul 2006

There was no equivalent in the Civil Procedure Rules 1998 to the express requirement in the Rules of the Supreme Court O.18 r.8(1)(b) that it was necessary to plead foreign law. However, it would be inconsistent with Part 16 r.16.4(1)(a) of the 1998 Rules and with the overriding objective to deliberately omit to plead relevant principles of foreign law. A party advancing a claim based on a proposition of foreign law had to refer to the system of law on which he relied.

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Rockbrook Ltd v (1) Humayun Khan (2) Miracles by Design Ltd (2006)

Judgment Date: 07 Feb 2006

The claimant company had not established an arguable case that one of its company directors had acted dishonestly in the sense of conscious impropriety by allegedly diverting a business opportunity away from it, when purchasing a development site on behalf of a third party. Consequently, interim injunctions constraining the manner in which the third party could deal with the development site following purchase were not justified as there was no sufficient basis for subjecting the site to a constructive trust.

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Walker International Holdings Ltd v Congo & Ors (2005)

Judgment Date: 06 Dec 2005

In the circumstances a judgment debtor was beneficially interested in the shares of a company and a property owned by that company in respect of which the judgment creditor had obtained interim charging orders.

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Welshtown Corporation NV v M-Real OYJ (2004)

Judgment Date: 01 Apr 2004

On the true construction of a shareholders agreement, the claimant was entitled to exercise an option in respect of all, one third or two thirds of the original 12 shares owned by it.

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Interleasing (UK) Ltd v Nicolas Melvyn Morris (2003)

Judgment Date: 14 Jan 2003

The fact that counsel had referred to instructions in her opinion did not make those instructions discloseable.

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Interleasing (UK) Ltd v Nicolas Melvyn Morris (2002)

Judgment Date: 11 Jun 2002

Counsel's opinion complied with the provisions of a share purchase agreement. The opinion could only be considered at face value for those purposes and it was not open to the defendant to go behind it and challenge the legal or factual basis on which it was given.

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Members
Richard Morgan QC

Practice areas
Commercial Disputes

Government of Sierra Leone v Edward Ormus Sharington Davenport & 6 ors (2002)

Judgment Date: 23 Jan 2002

The appeal regime in s.13 Administration of Justice Act 1960 had been superceded by CPR 52.3. The natural meaning of the expression "committal order" in CPR 52.3(1)(a)(i) was an order which committed a party to prison and therefore permission to appeal was required in this case.

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Government of Sierra Leone v Edward Ormus Sharrington Davenport & Ors (2001)

Judgment Date: 11 Apr 2001

A freezing order concerning a defendant allegedly involved in a property deal disadvantageous to the Sierra Leone government was continued.

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Duer v Frazer (2000)

Judgment Date: 19 Apr 2000

The claimant did not make out a case for the exercise of the court's discretion under RSC O.46 r.2 to prolong the period of six years from the registration of a German judgment in England so as to entitle him to permission to issue execution.

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