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Cases Fiona Dewar

Brian Glasgow (Bankruptcy Trustee Of Harlequin Property SVG Ltd) (Applicant) v ELS Law Ltd & 11 Ors (Respondents) & Bar Council Of England & Wales (Intervener) (2017)

Judgment Date: 28 Nov 2017

It was for the legislature, not the courts, to decide whether insurers who had funded an insolvent company's successful claim for damages should be entitled to priority payment of their premiums ahead of unsecured and preferential creditors, by analogy with solicitors' liens. It would be inappropriate for the courts to so extend the law in relation to solicitors' liens given that it would create an exception to the statutory regime for the distribution of the assets of an insolvent debtor among its creditors.

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Members
Fiona Dewar

UBS AG v Kommunale Wasserwerke Leipzig GMBH (2017)

Judgment Date: 16 Oct 2017

A judge had been right to grant rescission of derivative contracts between a bank and its customer on the grounds of bribery and conflict of interests. He had erred in holding the bank responsible for the bribe, because the third party making it had not, on the facts, been acting as the bank's agent at the time. However, the bank was responsible for the bribe in equity, because it had dishonestly assisted the third party in achieving its corrupt aims. The court examined the nature of fiduciary relationships, the concept of attribution, and the availability of equitable remedies.

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Oakdene Homes Plc (In liquidation) v Carl Stephen Turpin (2016)

Judgment Date: 03 Nov 2016

The liquidators of a construction company succeeded in their claim against its director for monies outstanding in relation to a subscription of company shares and for the proceeds of sale of a property belonging to the company, which the director had misappropriated.

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UBS AG (London Branch) & Ors v Landesbank Baden-Wurttemberg & Ors (2014)

Judgment Date: 04 Nov 2014

A German municipal water company had made out two grounds on which it was entitled to rescind a single tranche collateralised debt obligation (STCDO) which it had entered into with a bank: there was an agency relationship between the company's financial advisers and the bank, and the advisers had paid a bribe to the company's managing director which was within the scope of the agency so as to make the bank liable for it in law; also the bank knew that the advisers were subject to a conflict of interest.

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Brian Foulser, Doreen Foulser v Revenue & Customs Commissioners (2011)

Judgment Date: 04 Oct 2011

The First-tier Tribunal (Tax Chamber) had no inherent powers. Any power that might be implied under the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 r.5, enabling the tribunal to debar a party from proceedings in order to give effect to the overriding objective to deal with cases fairly and justly, would not extend to questions that did not specifically involve issues of unfairness within the tribunal proceedings themselves, which were appropriate for the jurisdiction of the Divisional Court.

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Members
Fiona Dewar