JSC BTA Bank v (1) Mukhtar Ablyazov (2) Madiyar Ablyazov (2018)

Judgment Date: 22 May 18

Summary In proceedings under the Insolvency Act 1986 s.423 for the recovery of a sum paid as a gift by a former banker to his son, the fact that the banker was aware at the time of the transaction that he was facing claims against his assets did not compel a...

M.U.U v Wallace LLP (2018)

Judgment Date: 18 May 18

Summary A company director who had been sued for legal fees incurred by his company and had been found personally liable to pay those fees, but had then brought a claim in negligence against the solicitors' firm should have raised his complaints about the firm in his defence and counterclaim...

Instant Access Properties Ltd (in liquidation) v Bradley John Rosser & 6 Ors (2018)

Judgment Date: 11 May 18

Summary The court ruled on costs after dismissing fraud and negligence claims brought by a company in liquidation. The costs of most of the defendants should be paid on the indemnity basis, the claims against them having been speculative, weak and in large part opportunistic. Facts The court ruled on...

In The Matter Of Bankside Hotels v Maurice Gourgey (2018)

Judgment Date: 09 May 18

Summary The court was required to consider the extent to which petitioners needed to adduce evidence to establish unfair prejudice sufficient to found relief under the Companies Act 2006 s.994 against respondents whose points of defence had been struck out. Facts In proceedings concerning related unfair prejudice petitions under the Companies...

State Bank of India & 12 Ors v (1) Vijay Mallya (2) Ladywalk Llp (3) Rose Capital Ventures Ltd (4) Orange India Holdings Sarl (2018)

Judgment Date: 08 May 18

A judgment of the Bangalore Debt Recovery Tribunal could properly be registered under the Foreign Judgments (Reciprocal Enforcement) Act 1933. Facts The first defendant applied to set aside an order registering a judgment of the Bangalore Debt Recovery Tribunal (DRT) in favour of the claimants, and to set aside a worldwide...

Sandhu v Nagra (2018)

Judgment Date: 04 May 18

Trial of shareholder dispute (as sole advocate).

Car Park Services Ltd v Bywater Capital Ltd

Judgment Date: 03 May 18

Summary This case is very important in Northern Ireland because there is no contracting out of their business tenancy legislation, so the question of whether an agreement creates a lease or a licence is critical. The case is also important for the law of England and Wales because the distinction...

(1) Ropemaker Properties Ltd (2) Churchmanor Estates Co Plc v (1) Bella Italia Restaurants Ltd (2) Casual Dining Ltd (2018)

Judgment Date: 02 May 18

Summary An agreement for lease relating to a retail unit had not been validly terminated by the tenant. As the conditions to which the agreement was subject had been satisfied, the tenant was bound by the agreement. Facts The court had to decide whether an agreement for lease (the agreement)...

Bermondsey Exchange Freeholders Ltd v Ninos Koumetto (As Trustee In Bankruptcy Of Kevin Geoghehan Conway) (2018)

Judgment Date: 01 May 18

Summary A long leaseholder had breached the terms of his lease by underletting his flat for holiday lets via online platforms such as Airbnb. An injunction preventing such use was upheld. Facts The defendant leaseholder appealed against an injunction preventing him from letting out his flat on short-term lets through...