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Cases Thomas Grant

Kitzing v Fuller (2016)

Judgment Date: 31 Mar 2016

It was not appropriate to grant the claimant an interim injunction restraining the defendant landowner from interfering with her sporting rights, which primarily involved the shooting of game, over his land: there was no real risk that the defendant would embark upon or resume any of the activities which the claimant was seeking to enjoin.

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Hawk Recovery v Eustace & Brunswick Wealth (2016)

Judgment Date: 25 Jan 2016

It was not appropriate to grant summary judgment in favour of the claimant in relation to its claim for the recovery of money allegedly paid in breach of trust. The defendant had a real prospect of successfully defending the claim, and there was another "compelling reason" why the claim should proceed to trial, namely its apparently abusive nature.

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(1) Skelwith (Leisure) Ltd (2) Paul Ellis (3) Darren Broadbent v Alan Armstrong & 6 Ors (2015)

Judgment Date: 08 Oct 2015

The court examined the meaning of "owner's powers in relation to a registered estate or charge" in the Land Registration Act 2002 s.23 and s.24. Although "owner's powers" in s.24 extended to a power of sale of charged land by an equitable assignee of the charge, the section did not mean that an equitable assignee's powers were automatically the same as those of the registered proprietor. The distinction between legal and beneficial ownership continued to matter, and somebody lacking legal ownership could only exercise the powers conferred on a registered owner if the statute or instrument conferring it expressly permitted it.

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Skelwith Leisure Ltd v Armstrong (2015)

Judgment Date: 08 Oct 2015

The court examined the meaning of "owner's powers in relation to a registered estate or charge" in the Land Registration Act 2002 s.23 ands.24. Although "owner's powers" in s.24 extended to a power of sale of charged land by an equitable assignee of the charge, the section did not mean that an equitable assignee's powers were automatically the same as those of the registered proprietor. The distinction between legal and beneficial ownership continued to matter, and somebody lacking legal ownership could only exercise the powers conferred on a registered owner if the statute or instrument conferring it expressly permitted it.

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Bank of Scotland PLC v (1) Nicholas Forrester (2) Ivor Forrester (2014)

Judgment Date: 20 Jun 2014

Where a son had bought his father's property from the father's trustee in bankruptcy and the father had continued to live in the property, the court found that there had been an agreement that the beneficial interest in the property would remain with the father, not pass to the son.

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Joint Stock Co “Aeroflot - Russian Airlines” v Berezovskaya & Anor (2014)

Judgment Date: 04 Mar 2014

Receivers' valuation of an estate was to be used in an application for a grant of administration of that estate where an issue had arisen as to the use of confidential information in that application.

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Santander UK Plc v RA Legal Solicitors (2014)

Judgment Date: 24 Feb 2014

A firm of solicitors which had acted in breach of trust by releasing trust money to a fraudster could not expect to persuade the court that it was fair to excuse it from liability on the basis that it had, in all respects connected with the loss, acted reasonably. Its failings had represented departures from a sophisticated regime intended to minimise the risks of loss to lenders and lay clients.

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Joint Stock Co “Aeroflot - Russian Airlines” v Berezovsky & Anor (2014)

Judgment Date: 16 Jan 2014

A Russian company's action to enforce a money judgment of the Russian court could not be summarily dismissed on the basis that the judgment breached the principle of finality. The English courts would not hold that a foreign judgment infringed the finality principle when it interfered with a prior judgment if, under the foreign law, the prior judgment was not final and binding. The question of whether the Russian judgment was final and binding could only be determined at trial.

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Bank of Scotland Plc v Greville Development Company (Midlands) Ltd (2013)

Judgment Date: 06 Mar 2013

It was just and convenient in the circumstances to continue a freezing order and permit a claimant to cross-examine the defendant on the disclosure it had given. The claimant had a good and arguable case, and there was the possibility that the defendant's assets would be dissipated if both orders were not made.

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Gorbunova v Berezovsky (2013)

Judgment Date: 13 Feb 2013

A defendant who successfully applied for discharge of that part of an injunction that froze his assets in general, but who remained subject to proprietary injunctions against three specified properties, had obtained a significant win in real terms and the claimant was ordered to pay 30 per cent of his costs of the application.

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Helena Gorbunova v Boris Berezovsky (aka Platon Elenin) (2013)

Judgment Date: 18 Jan 2013

There was sufficient evidence of a risk that an individual might dissipate assets in which his former partner claimed to have an interest to justify granting an interim freezing injunction without notice. However, since the evidence did not demonstrate that the individual had a general propensity to dissipate assets, but only a risk that he might dissipate particular assets, it was appropriate to reduce the scope of the assets frozen.

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Members
Thomas Grant QC

Practice areas
Real Estate

Bank of Scotland v Azam Qutb (Administrator of the Estate of Mona Qutb) (2012)

Judgment Date: 13 Dec 2012

A bank was awarded indemnity costs orders against a litigant personally, and in his capacity as an administrator of his deceased mother's estate, on the basis that he had acted in breach of a warrant of authority in conducting litigation brought against the bank.

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Connells Survey & Valuation Ltd v MPG Investments LLP & Anor (2012)

Judgment Date: 27 Nov 2012

A limited liability partnership that had suffered loss as a result of a valuation company's alleged negligent advice on a property's value was allowed to provide draft amended particulars of claim to include a claim for the actual net loss that it had suffered. Although there was no diminution in value claim, it was arguable that there would be more information at trial to show that there were special circumstances within the meaning of Hadley v Baxendale such that the normal diminution in value rule did not apply to the partnership's claim for damages.

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HSH Nordbank AG v Saad Air (2012)

Judgment Date: 13 Nov 2012

The interests of justice required a creditor, which had obtained security over aircraft in Swiss proceedings, to be permitted to obtain copies of the evidence filed on an application for summary judgment by a mortgagee of the aircraft which claimed to be entitled to declarations that its mortgages had priority.

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Rukhmin Balgobin v South West Regional Health Authority (2012)

Judgment Date: 10 May 2012

The Privy Council summarised the principles of election and merger of causes of action. The Court of Appeal (Trinidad and Tobago) had been wrong to conclude that by obtaining default judgment against a second defendant, a claimant in a personal injury action had made an unequivocal election which precluded her from proceeding against the first defendant.

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Afzaal Hussain, Mona Qutb (By her Litigation Friend Azam Qutb) v Bank of Scotland Plc (2012)

Judgment Date: 08 Mar 2012

Permission to appeal had been obtained by the deception of a person without standing to launch an appeal or to obtain permission to appeal and, on the permission being set aside for those reasons, there was no appeal to be decided and so it had to be dismissed.

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JSC BTA Bank v Mukhtar Ablyazov & 16 Ors (October 2011)

Judgment Date: 26 Oct 2011

The power of the court to grant a freezing injunction under the Senior Courts Act 1981 s.37 extended to making any ancillary orders which appeared just and convenient to ensure its effective operation. The court had jurisdiction to order that a defendant disclose the ultimate source of funds used to pay his legal expenses where there was a real risk that, by using a company which might in reality have been beneficially owned by him, he was thereby circumventing a freezing injunction.

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John Milsom, David Standish, Jeremy Outen (2011)

Judgment Date: 17 Jul 2011

The disclosure by receivers of information received from an individual to third parties would not violate his right to protection from self-incrimination or under the European Convention on Human Rights 1950 art.6(2) since a bank which had brought committal proceedings against him had undertaken not to deploy any information disclosed to it in that action without the court's permission.

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Justin Oliver Zinda v Bank of Scotland Plc (2011)

Judgment Date: 23 Jun 2011

Where a possession order had been suspended on the condition the mortgagor paid a monthly amount to clear his arrears as well as his current mortgage a judge was right to refuse an application to suspend the enforcement of the possession order when the mortgagor, who had consolidated his arrears with the outstanding balance, fell into further arrears.

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