Summary Mr Justice Calver has dismissed a claim in the Commercial Court worth over US$3 million relating to financing of an animated film. The case raised interesting issues relating to election, waiver and estoppel, and the inferences to be drawn from a party’s deliberate destruction and concealment of evidence....

Following his ruling that his failure to provide the minority with the Company’s financial statements as required by the Company’s articles constituted unfair prejudice, Leon J had ordered that the majority shareholder buy the shares of the minority. The Eastern Caribbean Court of Appeal upheld his finding of...

Rebecca appeared un-led in High Court trial on valuation of shares in an unfair prejudice petition involving cross-examination of share valuation experts.

Challenge of out-of-court appointment of administrators (as case leader).

Summary Richard Fowler acted for the successful appellant landlord, Sara, before the Court of Appeal and at first instance in a dispute over service charges claimed pursuant to a “conclusive certification” clause in leases of commercial premises. The reasoning of the Court of Appeal’s judgment is also applicable in...

Summary Thomas Grant QC and Thomas Fletcher were instructed by Grosvenor Law on behalf of the Claimants (“Maroil”) in respect of an application for security for costs made by the Defendants (“Novoship”). The application raised an important point of principle on when a claimant should be ordered to provide security...

The Isle of Man’s Staff of Government Division has allowed an appeal and made a disclosure order against a non-cause of action defendant to a freezing order and interveners who were contending that a freezing order should be discharged. In doing so, the Court affirmed the flexibility of the...

Summary The Upper Tribunal imposed an agreement on a housing trust under the Communications Act 2003 Sch.3A Pt 4 para.20 conferring on a telecommunications operator rights to install and operate equipment on the roof of a building. The tribunal determined the extent to which the operator should be able to upgrade...