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Cases Commercial Disputes

Q-Park Ltd v HX Investments Ltd (2012)

Judgment Date: 31 May 2012

There was no clear wording in an option agreement restricting a company from marketing and selling its interest in five car parks either individually or collectively.

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Greene King PLC v Quisine Restaurants Ltd (2012)

Judgment Date: 24 May 2012

A clause under a licence to assign an underlease requiring the tenant to use all reasonable endeavours to give notice to the guarantor of the undertenant each time the rents were more than two months in arrears was not a condition precedent of the liability under the guarantee and the failure of the tenant to give such notice did not release the guarantor.

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Procter & Gamble Co v Svenska Cellulosa Aktiebolaget SCA (2012)

Judgment Date: 14 May 2012

Early retirement benefits did not fall to be treated as such after normal retirement age. Pension instalments paid after normal retirement age fell to be characterised as old age benefits within the Transfer of Undertakings (Protection of Employment) Regulations 2006 reg.10, notwithstanding that the pension had first come into payment before normal retirement age.

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Practice areas
Commercial Disputes

Patrick Francis v F Berndes Ltd & Ors (2011)

Judgment Date: 15 Dec 2011

A master had correctly concluded that a letter relating to the sale of freehold premises had not complied with the Law of Property (Miscellaneous Provisions) Act 1989 s.2 because it had not identified the purchaser and had failed to incorporate the obligation to purchase the property.

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Alliance Bank JSC v Aquanta Corp & 14 Ors (2011)

Judgment Date: 14 Dec 2011

(2011) Summary Despite the existence of English jurisdiction clauses in loan agreements with two of the defendants, the appropriate forum for a claim by a Kazakhstan bank against its former controlling shareholders and others was Kazakhstan rather than England.

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Persimmon Homes Ltd v Woodford Land Ltd (2011)

Judgment Date: 28 Nov 2011

The parties had intended the court to decide questions of construction of the terms of an option agreement upon which a rectification claim depended, despite the apparent width of a dispute resolution clause in the agreement which provided for any disagreement to be referred for determination by an expert.

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Stornoway 2011 Ltd v SIV Portfolio Plc (In Receivership) (2011)

Judgment Date: 14 Nov 2011

The court determined certain issues relating to the interpretation of an indemnity clause in an investment and funding management agreement.

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Cleaver & Ors v Schyde Investments Ltd (2011)

Judgment Date: 29 Jul 2011

The judge was entitled to hold that the Standard Conditions of Sale (4th edition) 7.1.3 was not fair and reasonable in the circumstances and was therefore of no effect by virtue of the Misrepresentation Act 1967 s.3 and the Unfair Contract Terms Act 1977 s.11 with the result that a purchaser of land was entitled to rescind the contract of sale.

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Playup Interactive Entertainment (UK) PTY Ltd v Givemefootball Ltd (2011)

Judgment Date: 28 Jul 2011

The defendant was in repudiatory breach of a sponsorship agreement by failing to deliver e-mail and text message marketing programmes to the promised number of recipients.

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Members
Edmund Cullen QC

Practice areas
Commercial Disputes

Interactive Investor Trading Ltd v City Index Ltd (2011)

Judgment Date: 20 Jul 2011

The court considered the entitlement to commission and obligations relating to non-solicitation of clients and the use of confidential information in a six-month "wind down" period following the termination of agreements relating to the provision of "branded trading" of contracts for differences and spread betting.

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Practice areas
Commercial Disputes

Anthracite Rated Investments (Jersey) Ltd v Lehman Brothers (2011)

Judgment Date: 15 Jul 2011

The court determined the meaning and effect of early close-out provisions in two cash settled put options incorporating the 1992 ISDA Master Agreement which were part of larger investment structures devised and marketed by Lehman Brothers.

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Practice areas
Commercial Disputes

Trevor Horn, Carlo Dinardo & Rowanmoor Trustees Ltd v Commercial Acceptance Ltd (2011)

Judgment Date: 08 Jul 2011

In the circumstances and on the proper interpretation of the loan agreement between the parties the claimant investors were entitled to recover their contribution in full.

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Members
Edmund Cullen QC

Practice areas
Commercial Disputes

Arqiva Ltd & Ors v Everything Everywhere Ltd & Ors (2011)

Judgment Date: 27 May 2011

In an expedited trial the court construed aspects of various agreements between mobile phone network operators and the owners of sites on which telecommunications equipment was provided.

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Practice areas
Commercial Disputes

Awal Bank BSC (In Administration) v Maan Abdulwahed Abdulmajeed Al-Sanea (2011)

Judgment Date: 27 May 2011

A notice purportedly exercising a put option was not a valid notice in terms of the put option agreement.

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Members
Richard Morgan QC

Practice areas
Commercial Disputes

Sheermohamed & ano v S A Nabi and Sons Ltd v Sheermohamed (2011)

Judgment Date: 23 May 2011

Christopher R. Parker QC succeeds before the Caribbean Court of Justice in Trinidad in overturning two decisions of the Guyana Court of Appeal as to the validity of a directors’ resolution and a contrary resolution of a shareholders’ meeting.

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Nigel Alliance, Cringle Corporation Ltd v Yousef Tishbi, Realty Estates Ltd (2011)

Judgment Date: 20 Apr 2011

It was clear from the words and context of a consent order that the effect of the compromise was that the parties were to keep the money that they had already been paid and drop any claims against each other.

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Roger Williams & Ors v Redcard Ltd & Ors (2011)

Judgment Date: 20 Apr 2011

A document purporting to sell a company's freehold interest in residential property did not require use of the words "by or on behalf of" the company in order to be validly executed. The requirements in the Companies Act 2006 s.44(4) concerning the proper execution of documents were satisfied by the terms of the sale agreement which included definitions of "seller" and "purchaser" and bore the signatures of two authorised signatories.

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Woodford Land Ltd v Persimmon Homes Ltd (2011)

Judgment Date: 15 Apr 2011

The determination of an expert appointed under an option agreement construing the agreement in favour of the purchaser was contractually binding between the parties but not binding on the court as it was not a judicial decision. A concession by the vendor on the construction issue, made before bringing a rectification claim, left it without a remedy when the court construed the agreement in its favour, as the rectification claim had to fail.

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Extra MSA Services Cobham v Accor UK (2011)

Judgment Date: 17 Mar 2011

On the proper interpretation of a termination clause in an agreement for a lease of a hotel to be constructed at a motorway service station, the developer could not give notice to terminate the agreement by relying on its own failure to perform obligations to obtain required consents in respect of the development.

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Practice areas
Commercial Disputes
Real Estate

Royal Bank Of Scotland Plc v Thomas Hicks, George Gillett, Kop Football (Cayman) Ltd & Ors (2011)

Judgment Date: 17 Feb 2011

It was not appropriate to discharge an anti-suit injunction preventing the former owners of Liverpool Football Club from issuing proceedings in the United States in relation to the sale of the club.

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Practice areas
Commercial Disputes

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