Cases Commercial Disputes
Judgment Date: 31 May 2012
There was no clear wording in an option agreement restricting a company from marketing and selling its interest in five car parks either individually or collectively.
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Judgment Date: 24 May 2012
A clause under a licence to assign an underlease requiring the tenant to use all reasonable endeavours to give notice to the guarantor of the undertenant each time the rents were more than two months in arrears was not a condition precedent of the liability under the guarantee and the failure of the tenant to give such notice did not release the guarantor.
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Judgment Date: 14 May 2012
Early retirement benefits did not fall to be treated as such after normal retirement age. Pension instalments paid after normal retirement age fell to be characterised as old age benefits within the Transfer of Undertakings (Protection of Employment) Regulations 2006 reg.10, notwithstanding that the pension had first come into payment before normal retirement age.
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Judgment Date: 15 Dec 2011
A master had correctly concluded that a letter relating to the sale of freehold premises had not complied with the Law of Property (Miscellaneous Provisions) Act 1989 s.2 because it had not identified the purchaser and had failed to incorporate the obligation to purchase the property.
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Judgment Date: 14 Dec 2011
(2011)
Summary
Despite the existence of English jurisdiction clauses in loan agreements with two of the defendants, the appropriate forum for a claim by a Kazakhstan bank against its former controlling shareholders and others was Kazakhstan rather than England.
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Judgment Date: 28 Nov 2011
The parties had intended the court to decide questions of construction of the terms of an option agreement upon which a rectification claim depended, despite the apparent width of a dispute resolution clause in the agreement which provided for any disagreement to be referred for determination by an expert.
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Judgment Date: 14 Nov 2011
The court determined certain issues relating to the interpretation of an indemnity clause in an investment and funding management agreement.
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Judgment Date: 29 Jul 2011
The judge was entitled to hold that the Standard Conditions of Sale (4th edition) 7.1.3 was not fair and reasonable in the circumstances and was therefore of no effect by virtue of the Misrepresentation Act 1967 s.3 and the Unfair Contract Terms Act 1977 s.11 with the result that a purchaser of land was entitled to rescind the contract of sale.
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Judgment Date: 28 Jul 2011
The defendant was in repudiatory breach of a sponsorship agreement by failing to deliver e-mail and text message marketing programmes to the promised number of recipients.
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Judgment Date: 20 Jul 2011
The court considered the entitlement to commission and obligations relating to non-solicitation of clients and the use of confidential information in a six-month "wind down" period following the termination of agreements relating to the provision of "branded trading" of contracts for differences and spread betting.
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Judgment Date: 15 Jul 2011
The court determined the meaning and effect of early close-out provisions in two cash settled put options incorporating the 1992 ISDA Master Agreement which were part of larger investment structures devised and marketed by Lehman Brothers.
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Judgment Date: 08 Jul 2011
In the circumstances and on the proper interpretation of the loan agreement between the parties the claimant investors were entitled to recover their contribution in full.
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Judgment Date: 27 May 2011
In an expedited trial the court construed aspects of various agreements between mobile phone network operators and the owners of sites on which telecommunications equipment was provided.
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Judgment Date: 27 May 2011
A notice purportedly exercising a put option was not a valid notice in terms of the put option agreement.
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Judgment Date: 23 May 2011
Christopher R. Parker QC succeeds before the Caribbean Court of Justice in Trinidad in overturning two decisions of the Guyana Court of Appeal as to the validity of a directors’ resolution and a contrary resolution of a shareholders’ meeting.
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Judgment Date: 20 Apr 2011
It was clear from the words and context of a consent order that the effect of the compromise was that the parties were to keep the money that they had already been paid and drop any claims against each other.
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Judgment Date: 20 Apr 2011
A document purporting to sell a company's freehold interest in residential property did not require use of the words "by or on behalf of" the company in order to be validly executed. The requirements in the Companies Act 2006 s.44(4) concerning the proper execution of documents were satisfied by the terms of the sale agreement which included definitions of "seller" and "purchaser" and bore the signatures of two authorised signatories.
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Judgment Date: 15 Apr 2011
The determination of an expert appointed under an option agreement construing the agreement in favour of the purchaser was contractually binding between the parties but not binding on the court as it was not a judicial decision. A concession by the vendor on the construction issue, made before bringing a rectification claim, left it without a remedy when the court construed the agreement in its favour, as the rectification claim had to fail.
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Judgment Date: 17 Mar 2011
On the proper interpretation of a termination clause in an agreement for a lease of a hotel to be constructed at a motorway service station, the developer could not give notice to terminate the agreement by relying on its own failure to perform obligations to obtain required consents in respect of the development.
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Judgment Date: 17 Feb 2011
It was not appropriate to discharge an anti-suit injunction preventing the former owners of Liverpool Football Club from issuing proceedings in the United States in relation to the sale of the club.
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