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Cases Adam Smith

Folgender Holdings Ltd v Letraz Properties Ltd (2019)

Judgment Date: 06 Aug 2019

The CPR permitted secondary evidence to be given provided that the requirements of CPR PD 32 para.18.2 were complied with. That was an important requirement: the court had to know in every instance from what source the secondary evidence came. If a party chose to provide evidence through a solicitor, strict compliance with the CPR was required if that party was to avoid the risk that limited, or possibly no, weight was given to the evidence.

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Tuscola Ltd v Y2K Co Ltd (2016)

Judgment Date: 17 May 2016

Borrowers who had not repaid a loan on time and had not properly complied with the terms of an offer of settlement made by the lender were not entitled to possession of two Land Registry "Form DS1s" which would cancel entries on the Land Register relating to charges in favour of the lender. The forms were held by the borrowers' former solicitor to the order of the lender and nothing in the correspondence between the parties released the solicitors from their obligation to hold them.

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Members
Adam Smith

Practice areas
Real Estate

Law Society v Beller (2014)

Judgment Date: 18 Jul 2014

The Law Society intervened in the defendant solicitor’s practice. Pursuant to paragraph 6 of Schedule 1 to the Solicitors Act 1974, various sums in relation to the defendant solicitor’s practice became vested in the Law Society on a statutory trust. Certain outstanding fees in respect of work carried out by the defendant solicitor prior to the intervention were paid into court by former clients of the defendant solicitor. The Law Society claimed that such sums fell to be paid out to it since they were vested in it on the statutory trust, and it had not yet exercised its statutory power to determine the beneficial entitlements in the sums. The defendant solicitor claimed that the sums fell to be paid out to him, since the Law Society’s rights in respect of the sums had been released by the terms of an Individual Voluntary Arrangement (the IVA) entered into by him, alternatively upon the basis that he was beneficially entitled to the sums under the statutory trust, The Master held that the sums should be paid out to the defendant solicitor; the Law Society appealed, with permission given by Nugee J.

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Adam Smith

Closegate Hotel Development (Durham) Ltd & Ors v Joseph McLean (2013)

Judgment Date: 25 Oct 2013

A lender had not been estopped from appointing administrators under its floating charge over a borrower's assets where the borrower had failed to show that the lender had made a clear and unequivocal statement, to be inferred from letters and negotiations, that it would not call in its loan until either it was apparent that the negotiations had terminated, or the lender gave reasonable notice to terminate negotiations. The borrower's directors were not deprived of authority to challenge the administrators' appointment by the Insolvency Act 1986 Sch.B1 para.64.

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Igloo Regeneration (General Partner) Ltd & Ors v Powell Williams Partnership (Costs) (2013)

Judgment Date: 24 Jun 2013

A defendant was entitled to indemnity costs in circumstances where an enormous amount of time, costs and court resource had been wasted as a result of the claimants' unwillingness to accept an amount, offered by the defendant in settlement, that they had been prepared to settle at only a few days earlier.

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Adam Smith

Igloo Regeneration (General Partner) Ltd & Ors v Powell Williams Partnership (2013)

Judgment Date: 24 Jun 2013

The defendant surveyors had not been negligent in failing to identify compression failure as the cause of cracking in the brickwork of a 19th century mill building purchased by the first claimant.

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Adam Smith

Sycamore Bidco Ltd v Sean Breslin (No 4) (2013)

Judgment Date: 18 Mar 2013

The court determined a number of costs issues in a case where the costs of the successful claimant were likely to exceed the damages awarded.

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Sycamore Bidco Ltd v Sean Breslin (No 3) (2013)

Judgment Date: 14 Feb 2013

With regard to the interest payable on judgments under the combined effect of the Senior Courts Act 1981 s.35A, the Judgments Act 1838 s.17 and CPR r.40.8, the court construed the word "judgment" and examined factors affecting determination of the correct start and end dates, and the rate at which interest was payable.

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Adam Smith

Sycamore Bidco v Breslin & Dawson No. 1 (2012)

Judgment Date: 30 Nov 2012

Although various warranties included in a share sale agreement did not constitute representations and there had therefore been no misrepresentation by the sellers of the shares in the company, the inclusion of inappropriate amounts in the company accounts as turnover gave rise to breaches of the warranties.

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Revenue & Customs Commissioners v Noorasa Begum (Rep. Of The Estate Of Mohammed Uddin) (No 2) (2010)

Judgment Date: 15 Jul 2010

When deciding whether there was a "new claim" for the purposes of the Limitation Act 1980 s.35(2) and the associated rules under the CPR r.17.4, the court was obliged to compare the essential factual elements in the existing cause of action with the essential factual elements in the proposed cause of action: if they were the same, then there was no new cause of action and therefore no new claim.

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Vernon v Spoudeas & Anor (2010)

Judgment Date: 06 May 2010

The failure by a judge to give reasons for not granting a party relief from that party's non-compliance with an unless order and striking out his claim vitiated the judge's decision.

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Adam Smith

Revenue & Customs Commissioners v Noorasa Begum (Rep. Of The Estate Of Mohammed Uddin) (No 1) (2010)

Judgment Date: 04 May 2010

Since there was a clear and principled distinction between freezing injunctions made in respect of proprietary and non-proprietary claims, there was no justification for creating a sub-category of quasi-proprietary claims in considering the scope of exceptions which should be made for the payment of legal costs.

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Issac Bruce Hayim, Ian James Pringle, Jill Mary Ross v Jeanne Regina Couch (2009)

Judgment Date: 15 May 2009

The court acceded to a request to grant declarations of right, in terms agreed by the parties, that two transfers of shares in a company were, and always had been, void on the basis that the transferor lacked the necessary mental capacity to make them.

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Members
Adam Smith

Practice areas
Commercial Disputes

Earl Cadogan & Ors v 26 Cadogan Square Ltd : Howard De Walden Estates Ltd v Aggio & Ors (2008)

Judgment Date: 25 Jun 2008

A lessee under a long lease of a block of flats, none of which was subject to long underleases, was entitled to claim the benefit of the Leasehold Reform, Housing and Urban Development Act 1993 Part I Chapter II in relation to each of the flats at the same time irrespective of whether the lessee was a property investor or a resident and irrespective of the nature or extent of other property included in the demise.

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Knowles v Knowles (2008)

Judgment Date: 13 Jun 2008

There was no evidence that the defendant had not been able to comply with consent and unless orders in a possession claim as a result of his mental disability. In granting orders for possession and execution of the possession order against the defendant the judge had taken account of his problems and made no error of law or principle.

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Adam Smith

IIG Capital LLC v Van der Merwe (2008)

Judgment Date: 22 May 2008

There were sufficient indications in the wording of a guarantee of the borrower's obligations in a loan agreement to displace the strong presumption against giving the words "on demand" in a guarantee the effect of creating an independent primary obligation outside a banking context.

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Van Der Merwe v IIG Capital LLC (2007)

Judgment Date: 13 Nov 2007

There were sufficient indications in the wording of a guarantee of the borrower's obligations in a loan agreement to displace the strong presumption against giving the words "on demand" in a guarantee the effect of creating an independent primary obligation outside a banking context.

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Centrica Langage Ltd v Langage Energy Park Ltd (2007)

Judgment Date: 23 Apr 2007

Grant of an interim injunction, requiring access to be allowed in order to construct a road, refused.

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Members
Adam Smith

Practice areas
Real Estate

TSP Group Ltd v Globemark (UK) Ltd & Undersheriff of Cheshire (2005)

Judgment Date: 02 Nov 2005

A judge had been wrong to proceed to summarily determine a claim at a hearing that had been ordered to be a directions hearing.

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Adam Smith

Burford (Fareham) Ltd v Christian Vision (2005)

Judgment Date: 07 Oct 2005

The Court ordered rectification of an assignment.

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Adam Smith