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Cases Rebecca Stubbs

Kamal Siddiqi v Taparis Ltd (2019)

Judgment Date: 13 Feb 2019

A tribunal judge had made a serious procedural error in finding that a bankruptcy petition was unopposed because the notice of opposition had been filed late, and that accordingly he had jurisdiction to hear the petition. He should have adjourned the hearing and transferred it to a specialist court, in accordance with CPR PD 57AA and CPR PD (Insolvency Proceedings).

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AB International (HK) Holdings PLC Ltd & AB (Australia) Pty Ltd v AB Clearing Corp Ltd (2015)

Judgment Date: 29 Jul 2015

An application by claimants in arbitral proceedings for urgent interim relief in the form of disclosure of profits made by the defendants in a joint venture would be refused because the claimants had not been pursuing their claim for trading profits in the arbitration but by way of separate Commercial Court proceedings.

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Euromex Ventures Ltd & Ors v BNP Paribas Real Estate Advisory & Property Management UK Ltd (2013)

Judgment Date: 09 Oct 2013

A claim that liquidators had converted assets belonging to the claimants failed because the claimants could not establish ownership. One of the claimants had also made representations that the assets belonged to a separate company and was therefore estopped from resiling from that position, and the liquidators were protected by the Insolvency Act 1986 s.234.

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In the Matter of Lehman Brothers International (Europe) (In Administration) (2011)

Judgment Date: 17 May 2011

An application by administrators for directions to enable them to identify client money and its traceable proceeds received or held by a company which was in administration was adjourned as it was appropriate to await the outcome of a pending appeal to the Supreme Court on related matters.

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In the matter of Global Trader Europe Ltd (In Liquidation) v City Facilities Management Ltd & Ors

Judgment Date: 24 Mar 2009

Clients of a derivatives broker whose money had mistakenly not been paid into a segregated account to be held on trust for them were not entitled on the broker's liquidation to have the monies owed to them treated as being held on trust in the segregated account.

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Ruttle Plant Hire v Secretary of State for the Environment & Rrural Affairs (2007)

Judgment Date: 05 Dec 2007

The claimant could not pursue claims in relation to a contract as an assignee where the terms of the contract prevented the assignment.

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Members
Rebecca Stubbs QC

Practice areas
Commercial Disputes

Garrett Trading Ltd v Revenue & Customs Commissioners (E01061) (2007)

Judgment Date: 22 Aug 2007

Where alcohol removed from a tax warehouse had never left the United Kingdom excise duty was payable by the owner of the goods as the person who had guaranteed payment of the duty. In the circumstances the owner had not caused the occurrence of the excise duty point or the irregularity and was not involved in the fraud.

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Official Receiver v Paul John Hollens : Official Receiver v Jennie Rose Hollens (2007)

Judgment Date: 04 Apr 2007

Mr and Mrs Hollens traded in partnership which carried on business as a retail fast food business operating from a mobile van which was owned by the partnership. Mr and Mrs Hollens and the partnership were each insolvent. Mr and Mrs Hollens petitioned for his/her own bankruptcy. Acting on advice from a debt relief agency, and in the hope that the van would in consequence be treated as exempt property, Mr and Mrs Hollens chose not to present the petitions in their capacity as members of the partnership.

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Financial Services Authority v Fradley & Woodward (2005)

Judgment Date: 23 Nov 2005

Investment business, an unauthorised collective investment scheme, would be being carried on in the United Kingdom for the purposes of the Financial Services and Markets Act 2000, if the activities in question that took place in the UK were a significant part of the business activity of running the scheme.

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Mitchell v Halliwell (2005)

Judgment Date: 13 May 2005

On the facts, the executors and trustees were liable to restore the sum of a commuted annuity, which had been gifted to the deceased's friend and solicitor, to the deceased's estate because the beneficiary children of the deceased had not received independent legal advice about the effect of the commutation.

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Michael Anthony Powell & Ors v General Electric Co (2005)

Judgment Date: 18 Apr 2005

The determination of a preliminary issue in relation to the proper construction of an agreement with regard to the release of funds out of a retention account established by an agreement for the purchase of the entire issued share capital of a company in order to meet any liabilities arising under the warranties or the tax covenant in the agreement.

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Financial Services Authority v Sean Fradley (T/A Top Bet Placement Services) & Gary Woodward (2004)

Judgment Date: 21 Oct 2004

A scheme that involved collecting money from the public and placing bets on horse races on their behalf was a collective investment scheme. The scheme was operated without authorisation in breach of the Financial Services and Markets Act 2000 s.19.

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Customs & Excise Commissioners v Anglo Overseas Ltd (2004)

Judgment Date: 05 Oct 2004

A petition by Customs to wind up a company on the basis of assessments to excise duty arising under the Excise Duty Points (Duty Suspended Movements of Excise Goods) Regulations 2001 would not be granted where the alleged debt was disputed on substantial grounds that, arguably, the Regulations did not apply in the circumstances.

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Baltic Insurance Group v Jordan Grand Prix Ltd & Ors (1997)

Judgment Date: 24 Oct 1997

Appeal against a decision of Langley J on four issues arising from Baltic Insurance Group's ('Baltic') counterclaim. Following a commitment by Jordan Grand Prix Ltd ('Jordan') to pay bonuses to its employees if it finished in the top six in the 1994 Formula 1 World Championship, it insured against this contingent liability with the Baltic Insurance Group domiciled in Lithuania. Quay Financial Software ('Quay'), based in Ireland, had sponsored Jordan during the championship the result of which Jordan would be paid #1 million if it finished within the top seven.

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Members
Rebecca Stubbs QC

Practice areas
Commercial Disputes