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Cases Commercial Disputes

Secretary of State for Business, Enterprise & Regulatory Reform v Amway (UK) Ltd (2008)

Judgment Date: 14 May 2008

Where a company which the secretary of state sought to wind up in the public interest had revised its business model and gave undertakings as to its future conduct a winding-up order was disproportionate.

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Apvodedo NV v Terry Collins (2008)

Judgment Date: 17 Apr 2008

It was not within the purview of the court, hearing a case on an application for summary judgment, to determine complex questions of law and fact arising out of the construction of a contractual clause contained in an exclusivity agreement; the case necessitated a trial whereby all the evidence and all the arguments could be aired and judicially considered.

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Bank of Tokyo-Mitsubishi UFJ Ltd v Baskan Gida Sanayi Ve Pazarlama AS & Ors (2008)

Judgment Date: 09 Apr 2008

Cases involving an inequality of arms did not call for some different or more rigorous test to be applied on applications for strike-out or summary judgment under CPR r.3.4(2) or CPR r.24.2 than those that were already the subject of substantial, consistent and well-settled authority.

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Members
Thomas Grant QC

Practice areas
Commercial Disputes

Langston Group Corporation v Cardiff City Football Club LTD (2008)

Judgment Date: 19 Mar 2008

The substitution of one obligor for another in relation to a particular contractual obligation could take place only by novation, but it did not necessarily follow that where a particular obligation was novated by substitution of one obligor for another, the conclusion had to be that a large and complex contract containing other obligations which were not so novated had to be treated as having itself been terminated by novation and replaced by a wholly new contract.

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Practice areas
Commercial Disputes

Islamic Investment Co of the Gulf (Bahamas) Ltd v Symphony Gems NV & Ors (2008)

Judgment Date: 11 Mar 2008

Although an appellant had repeatedly failed to attend court when ordered there was no evidence justifying a judge's conclusion that his behaviour was contumacious and the judge had erred in imposing a suspended committal order.

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Members

Practice areas
Commercial Disputes

Dominion Petroleum Limited v Carlo Seidel (2008)

Judgment Date: 07 Mar 2008

Dominion Petroleum Limited (“DPL”) is an AIM listed exploration company incorporated in Bermuda. It has a subsidiary (“DPAdmin”) incorporated in England. Carlo Seidel (“CS”), who is resident in England, is/was a 16% (with 65 million shares) shareholder in DPL, a director and CEO of DPL, and a director/CFO of DPAdmin and with employment contracts with both DPL (with a Bermuda exclusive jurisdiction clause) and DPAdmin (with an English exclusive jurisdiction clause).

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Practice areas
Commercial Disputes

Key-TV Ltd & Ors v Michael Anthony Ramsay (2008)

Judgment Date: 28 Feb 2008

The dishonest, unilateral alteration of a share agreement, which had the effect of ensuring that the defendants alone enjoyed the benefit of the exploitation of an invention, amounted to breach of contract and breach of their fiduciary duty as directors to act for a proper purpose and in the interests of the claimant company.

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Members
Gregory Banner QC

Practice areas
Commercial Disputes

Mark Andrew Roberts v Crown Estate Commissioners (2008)

Judgment Date: 20 Feb 2008

There was no constitutional principle or rule of law that the Crown could not plead adverse possession where its original entry on to the land was unlawful.

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Prudential Assurance Co Ltd v David Monroe Ayres & Christopher Grew (2008)

Judgment Date: 07 Feb 2008

A supplemental deed limiting the liability of an assignee of an underlease to partnership assets related only to the assets against which recourse could be had by the tenant in the event of default and did not operate to alter the terms of the relationship between the tenant and the subtenant established under a licence to assign, which provided that the tenant was entitled to recover from the subtenant any losses arising from the assignee's default without limitation.

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Commission for the New Towns v Terrace Hill (Stockton) Ltd (2007)

Judgment Date: 21 Dec 2007

A defendant failed to establish that an estoppel by convention had arisen to alter the date when an option period commenced, as the other contracting party had not regulated its subsequent conduct on the basis of the alleged convention.

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JK Sons (PVT) LTD v Virani LTD (2007)

Judgment Date: 20 Dec 2007

An English textile wholesaler was liable to a Pakistani textile producer for sums owing under invoices for cloth supplied by the producer to North American end-customers as the wholesaler had agreed to become liable irrespective of whether the end-customer paid.

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Practice areas
Commercial Disputes

Collier v P & MJ Wright (Holdings) Ltd (2007)

Judgment Date: 14 Dec 2007

A statutory demand was set aside where the debtor had an arguable case of promissory estoppel.

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Members
Siward Atkins QC

Practice areas
Commercial Disputes

Meretz Investments NV & Anor v ACP Ltd & ORS (2007)

Judgment Date: 11 Dec 2007

The court considered the judgment of the House of Lords in OBG Ltd v Allan (2007) UKHL 21, (2007) 2 WLR 920 and concluded that where a defendant not only acted to protect his own interests but did so in the belief that he had a lawful right to act as he did, the fact that loss or detriment to a claimant was an intended consequence of his actions did not mean that he had the requisite intention to cause harm for the purposes of the tort of inducing breach of contract.

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Meretz Investments NV & Anor v ACP Ltd & ORS (2007)

Judgment Date: 11 Dec 2007

The court considered the judgment of the House of Lords in OBG Ltd v Allan (2007) UKHL 21, (2007) 2 WLR 920 and concluded that where a defendant not only acted to protect his own interests but did so in the belief that he had a lawful right to act as he did, the fact that loss or detriment to a claimant was an intended consequence of his actions did not mean that he had the requisite intention to cause harm for the purposes of the tort of inducing breach of contract.

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HSBC v 5th Avenue & Ors

Judgment Date: 07 Dec 2007

Reporting restrictions imposed at start of Commercial Court trial because of pending criminal trial were lifted by a permission order made on Michael Brown’s conviction.

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Practice areas
Commercial Disputes

St Ivel Ltd (Claimant) v Wincanton Group Ltd (Defendant) & Uniq Prepared Foods Ltd (2007)

Judgment Date: 06 Dec 2007

Where an agreement required a warehouse operator to give credit for additional business it had secured in order to utilise spare capacity, that additional business, on the true interpretation of the agreement, did not include business conducted from an extension to the warehouse.

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Ruttle Plant Hire v Secretary of State for the Environment & Rrural Affairs (2007)

Judgment Date: 05 Dec 2007

The claimant could not pursue claims in relation to a contract as an assignee where the terms of the contract prevented the assignment.

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Members
Rebecca Stubbs QC

Practice areas
Commercial Disputes

Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd (2007)

Judgment Date: 15 Nov 2007

The judge had correctly exercised his discretion when making an order that the appellant should pay 75 per cent of the respondent's costs following an application for an injunction.

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Practice areas
Commercial Disputes

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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Halton International (Holdings) Sarl & Anor v Guernroy Ltd & Ors (2007)

Judgment Date: 25 Oct 2007

The administration of justice required that there should be finality in litigation at an appropriate stage, and so an application under the CPR r.52.9(1)(c) was refused where it was made very late without a good explanation.

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Members
Catherine Addy QC

Practice areas
Commercial Disputes

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