Novus Aviation Ltd v Alubaf Arab International Bank BSC(C) (2016)

Judgment Date: 27 Jul 16

Summary Where a claimant had obtained a judgment sum more advantageous than its Part 36 offer solely because of a sharp change in the exchange rate between the sterling and dollar, it would not be just to order the defendant to pay interest at an enhanced rate and indemnity costs. Throughout...

CitizenM v Chil (2016)

Judgment Date: 21 Jul 16

Summary In relation to a joint venture concerning a hotel development, the court ruled on the validity of a notice purporting to waive certain conditions relating to the funding of the development and the obtaining of consents and approvals. Facts The appellant appealed against a decision concerning the validity of...

Patel v Mirza (2016)

Judgment Date: 20 Jul 16

Summary A claimant who satisfied the ordinary requirements of a claim for unjust enrichment should not be debarred from enforcing his claim simply because he was seeking to recover money paid pursuant to a contract to carry out an illegal activity. The rule in Tinsley v Milligan [1994] 1 A.C. 340 was...

Richard Campbell v Robert Campbell (2016)

Judgment Date: 20 Jul 16

Summary Services provided by a lawyer qualified in another jurisdiction did not constitute "legal services" for the purposes of CPR r.46.5(3)(b). The cost of those services was therefore not recoverable by a litigant in person as payments reasonably made for legal services relating to the conduct of the proceedings....

BTI 2014 LLC v Sequana SA : BAT Industries v Sequana SA & Windward Prospects Ltd (2016)

Judgment Date: 12 Jul 16

Summary Where a company had on its balance sheet an estimated provision in respect of a long-term liability, there was no justification for holding that the duty to protect creditors' interests under the Companies Act 2006 s.172 applied for the whole period during which there was a risk that there might...

Hall & E-Clear PLC v Elia (2016)

Judgment Date: 12 Jul 16

As Latvijas Krajbanka v Vladimir Antonov (2016)

Judgment Date: 08 Jul 16

Summary The court exercised its discretionary powers under the Senior Courts Act 1981 s.35A to award interest on a claimant's damages until the date of judgment. Interest was awarded at a rate of 6% per annum on the judgment debt from the date of judgment as would be applied by a...

Perenco & Southern Gas v Bond (2016)

Judgment Date: 29 Jun 16

Summary The court interpreted a deed which granted an easement allowing a company to run a subsurface pipeline across land in an area which was exploited for the extraction of minerals. It considered the extent of the pipeline owner's rights in circumstances where the landowner served notice that he wanted...

Burnden Holdings (UK) Ltd (In Liquidation) v Fielding (2016)

Judgment Date: 17 Jun 16

Summary A judge had erred in granting summary judgment to the directors of a company in liquidation in respect of a claim for breach of their fiduciary duty, on the basis that the claim was time-barred. No limitation period applied to the claim by reason of the Limitation Act 1980 s.21(1)...