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Cases Thomas Grant

JSC BTA Bank v Mukhtar Ablyazov (June 2011)

Judgment Date: 21 Jun 2011

The court ordered that a claimant's application to commit a defendant to prison for contempt of court should be heard before the trial of the substantive claim, but ordered the claimant to select three contempt allegations to be heard out of the 23 allegations cited in its application.

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Members
George Hayman QC
Thomas Grant QC

Emmet Thomas Scullion v Bank Of Scotland Plc (T/A Colleys) (2011)

Judgment Date: 17 Jun 2011

The proposition established in Smith v Eric S Bush (A Firm) (1990) 1 AC 831, that the duty of care owed by a property surveyor to a mortgagee to prepare its valuation report with skill and care extended to the purchaser of the valued property, did not apply where the transaction concerned an investment in a buy-to-let property rather than an ordinary domestic householder purchasing his home. There was no inherent likelihood that a purchaser, buying property for the purpose of letting it out, would rely on a valuation provided to the mortgagee rather than obtaining his own valuation.

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Members
Thomas Grant QC

Everton Football Club Co Ltd v Sail Group Ltd & Ors

Judgment Date: 04 Feb 2011

The claimant football club failed to establish on the evidence both that an oral contract had been concluded between it and a football promoter, and that there had been any breach of a warrant of authority by a director of a sports event management business in allegedly purporting to be able to contractually bind the football promoter.

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Members
Thomas Grant QC

Practice areas
Commercial Disputes

Irish Response Ltd v Direct Beauty Products & Simon Gook (2011)

Judgment Date: 21 Jan 2011

Freezing and search orders made against the defendants in a claim for inducing a breach of contract were discharged where the claimant had failed to demonstrate that it had a good arguable case in relation to that claim, there was no real risk of dissipation of the defendants' assets, and the claimant had acted in breach of the duty of fair presentation by failing to disclose certain correspondence.

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Members
Thomas Grant QC
Thomas Munby QC

Practice areas
Commercial Disputes

Governor & Co Of The Bank Of Scotland v Afzaal Hussain & Mona Qutb (2010)

Judgment Date: 05 Nov 2010

Although a property owner was not prevented by estoppel or abuse or process from challenging as against the lender the validity of a charge obtained by a third party on her property, she had consented to the charge and so was bound by it despite her overriding interest.

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Members
Laurie Scher
Thomas Grant QC

Practice areas
Real Estate

JSC BTA Bank v A (September 2010)

Judgment Date: 19 Sep 2010

A receivership order made in support of a freezing injunction was upheld in circumstances where the defendant had not initially made adequate disclosure of his assets, which were held in a manner that made it difficult to trace, and where there was a measurable risk that he would deal with them in breach of the injunction.

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Members
Thomas Grant QC

Hexstone Holdings Ltd v AHC Westlink Ltd (2010)

Judgment Date: 11 Jun 2010

A notice to terminate an underlease was invalid because it had been given by the parent company of the tenant and there was no evidence that the parent company had authority to act as agent on behalf of the tenant.

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Members
Thomas Grant QC

Practice areas
Real Estate

Sectorguard PLC v Dienne PLC : Dienne PLC v Legion Group PLC (2009)

Judgment Date: 03 Nov 2009

An application for the committal of the directors of a company for its failure to comply with an undertaking was struck out as an abuse because on the documentary evidence it had no real prospect of success; the undertaking on which it was based was incapable of performance.

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Members
Jonathan Allcock
Thomas Grant QC

Clarke v Murphy (2009)

Judgment Date: 12 May 2009

A building scheme existed in respect of certain properties so that each property owner could object to a proposed discharge or modification of restrictive covenants in respect of one of the properties.

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Members
Thomas Grant QC

Practice areas
Real Estate

Menolly v Cerep Sarl (2009)

Judgment Date: 18 Mar 2009

On the true interpretation of a building contract the provision of "level access" to retail units was included in the works as defined, and a certificate of practical completion given on the basis that such provision was not within the works was invalid; it was not within the authority of the employer's representative to certify practical completion on the basis of his own view of the meaning of the building contract.

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Members

Richard Morgan QC
Thomas Grant QC

Practice areas
Commercial Disputes

Platform Funding Ltd v Bank of Scotland PLC (formerly Halifax PLC) (2008)

Judgment Date: 31 Jul 2008

The appellant firm of surveyors and valuers (X) appealed against a decision giving judgment for the respondent mortgage lender (P) on its claim for breach of contract. P had been approached by a borrower for a loan to be secured by a mortgage on a property. X purportedly provided P with a valuation of the property, and P advanced a sum of money to the borrower based on that valuation.

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Members
Thomas Grant QC

Practice areas
Professional Negligence
Real Estate

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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Members
Thomas Grant QC
Thomas Munby QC

Practice areas
Commercial Disputes

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

Pierre André v Barbara Robinson (2007)

Judgment Date: 14 Dec 2007

The proceedings concerned the right to possession of the small bedroom in a two bedroom first floor flat, which was situated in a converted dwelling house in North London.

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Members
Thomas Grant QC

Practice areas
Real Estate

London Allied Holdings Ltd v Lee (2007)

Judgment Date: 26 Sep 2007

A property development company was entitled to various heads of relief arising out of the payment of £1 million to the first defendant as a result of his fraudulent misrepresentations that it was a deposit that he would return if he did not procure for the company a contract for the purchase of the Ritz hotel, which he falsely claimed he could do through his close contact with the hotel's owners.

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Members
Thomas Grant QC

Stewart Dunn v Glass Systems (UK) Ltd (2007)

Judgment Date: 11 Jul 2007

Particulars of claim of a barrister seeking payment of fees and damages against a client were struck out where the particulars were excessively lengthy, contained details that were irrelevant to the cause of action, contained a large number of terms that were simply incomprehensible and contained material that was subject to privilege.

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Members
Alec McCluskey
Thomas Grant QC

Practice areas
Commercial Disputes

Noblebright Ltd v Sirius International Corporation (2007)

Judgment Date: 19 Jan 2007

An insurer had not waived the requirement that the insured disclose certain material incidents that had occurred prior to the inception of the policy and had been induced by the insured's non-disclosure to enter into the policy on the agreed terms. The insurer was therefore entitled to avoid the policy ab initio on the ground of material non-disclosure.

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Members
Thomas Grant QC

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd & Ors (2006)

Judgment Date: 07 Jun 2006

The court determined various preliminary issues in connection with a steelwork construction subcontract, including the extent of the parties obligations under the heads of agreement and supplemental agreement, the extent of the parties agreement as to valuation, the main contractor's entitlement to an abatement in respect of defective work and whether the main contractor or subcontractor had been entitled to repudiate the subcontract.

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Members
Thomas Grant QC

Practice areas
Commercial Disputes

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd & Ors (2006)

Judgment Date: 07 Jun 2006

The court determined various preliminary issues in connection with a steelwork construction subcontract, including the extent of the parties obligations under the heads of agreement and supplemental agreement, the extent of the parties agreement as to valuation, the main contractor's entitlement to an abatement in respect of defective work and whether the main contractor or subcontractor had been entitled to repudiate the subcontract.

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Members
Thomas Grant QC

Practice areas
Commercial Disputes

Harry Barrington Bowser v Valerie Ann Caley & Ors (2006)

Judgment Date: 06 Feb 2006

A transfer of property to the first respondent had not been set aside on the grounds of undue influence, misrepresentation or lack of capacity owing to the drunkenness of the appellant, since the evidence had not supported those findings, and solicitors acting for the latter during the transfer had not been in breach of their duty to him as he had been properly advised and had understood the transaction.

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Members
Thomas Grant QC

Practice areas
Real Estate
Private Client

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