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Cases Maxim Cardew

EMI v Prudential (2020)

Judgment Date: 31 Jul 2020

John McGhee QC and Maxim Cardew successfully appear for Prudential (the landlord) in a claim brought by EMI (the guarantor) in relation to a lease of valuable commercial premises on Oxford Street formerly occupied by HMV. Maxim also analyses the decision in an article, which can be found here.

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(1) Maria Galazi (2) Iphegenia Galazis (Claimants) v (1) Christopher Christoforou & 5 Ors (Defendants) & Wellsford Securities Ltd (Third Party) & Ors

Judgment Date: 26 Mar 2019

The court construed the words "claim" and "proceedings" in CPR Pt 38 when determining that substantial amendments made by the claimants to their particulars of claim effectively amounted to discontinuance so that they were subject to the default position under r.38.6(1) that a discontinuing party was liable to pay the other parties' costs. It considered the correct approach to the absence of a notice of discontinuance and examined the costs consequences of discontinuance and amendment.

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In the Matter of TPD Investments Ltd Sub Nom Destiny Investments (1993) Ltd v TH Holdings Ltd (2017)

Judgment Date: 31 Mar 2017

The court determined the appropriate remedy in a case of unfair prejudice within the meaning of the Companies Act 2006 s.994. It considered the fair value of the petitioners' shares in the company concerned, whether the percentage of shares attributable to them should be increased, and whether any personal liability should attach to the directors of the respondent company and the company concerned.

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