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Cases Oliver Phillips

Julian Cohen v Stobart Holdings Ltd (2018)

Judgment Date: 05 Dec 2018

A company failed to obtain summary judgment or to strike out a claim against it for commission for introducing a purchaser of two aircraft. Whilst the claim as formulated needed to be reviewed, potentially to join further defendants, it had a realistic prospect of success.

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Nicholas John Clwyd Griffith v Maurice Saleh Gourgey & 7 Ors (2018)

Judgment Date: 15 Jun 2018

In a case where law firms had purported to act for a respondent to a petition alleging unfairly prejudicial conduct when they had no authority to do so, they should pay the greater part of the costs incurred by the petitioner and the respondent in relation to an application by the latter to have the petition set aside as against it.

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In The Matter Of Bankside Hotels v Maurice Gourgey (2018)

Judgment Date: 09 May 2018

The court was required to consider the extent to which petitioners needed to adduce evidence to establish unfair prejudice sufficient to found relief under the Companies Act 2006 s.994 against respondents whose points of defence had been struck out.

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In The Matter Of Pedersen (Thameside) Ltd v Maurice Saleh Gourgey & Ors (2017)

Judgment Date: 13 Dec 2017

Where a Companies Act 2006 s.994 petition did not contain any allegations of unfairly prejudicial misconduct on the part of a deceased shareholder, who was a respondent to the petition, references to the deceased's estate in the prayer for relief were struck out. In addition, the relief sought against the estate was manifestly excessive.

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In the matter of Bankside Hotels Ltd & Ors v Maurice Saleh Gourgey & Ors (2017)

Judgment Date: 05 Jul 2017

Maurice Saleh Gourgey & Ors (2017) Summary A judge had been entitled to refuse to entertain a second application for relief from sanctions where there had been no material change of circumstances since the first application.

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Nicholas John Clwyd Griffith & anor v Maurice Saleh Gourgey & ors (2017)

Judgment Date: 05 Jul 2017

A judge had been entitled to refuse to entertain a second application for relief from sanctions where there had been no material change of circumstances since the first application.

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Bretby Hall Management Co Ltd v Christopher Pratt (2017)

Judgment Date: 21 Mar 2017

A property management company whose only income was from service charges could recover legal costs arising from a tenant's threatened proceedings against it as part of the service charge to be divided between all the tenants, as the terms of the lease were general enough to cover defence of legal proceedings that had merely been threatened.

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Apex Global v FI Call (2016)

Judgment Date: 05 Aug 2016

The High Court set aside a default judgment awarded against a businessman where a company claimed that he had failed to pay money due under a share purchase agreement, notwithstanding the Supreme Court had dismissed his appeal. Fresh evidence had arisen during the counterclaim concerning the company director's failure to keep proper accounts, which clearly showed that the businessman had fulfilled his obligations under the agreement.

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Apex Global v F1 Call (2015)

Judgment Date: 11 Nov 2015

The court granted a member's petition for a company to be wound up on just and equitable grounds where other members had breached their fiduciary duties, failed to keep company records, and misled members and investors. Those defaults also constituted unfairly prejudicial conduct under the Companies Act 2006 s.994.

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In the Matter of Bankside Hotels Ltd v Gourgey (2014)

Judgment Date: 13 Nov 2014

Although a response to a request for further information was inadequate and in breach of an unless order, it was appropriate to grant relief from sanctions. An insistence on enforcing compliance with court orders where there was no effect on the proceedings was not the right approach and would ignore the need to deal with cases justly.

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Day v Hosebay Limited; Howard de Walden Estates Limited v Lexgorge Limited (2012)

Judgment Date: 10 Oct 2012

Properties used entirely for commercial purposes were not "house[s] reasonably so called" for the purposes of the Leasehold Reform Act 1967 s.2(1), whatever their original design or current appearance, or the fact that they might look like houses and might be referred to as houses for some purposes.

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Munib Masri v Consolidated Contractors International Co SAL & 6 Ors (2011)

Judgment Date: 13 Jul 2011

Proceedings in England and Greece did not involve the same cause of action for the purposes of Regulation 44/2001 art.27 but they were related proceedings giving rise to a risk of irreconcilable judgments within art.28 and the proper course was to stay the English action.

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