This websites use cookies. By continuing to browse the site you are agreeing to our use of cookies. For more details about cookies and how to manage them, see our cookie policy.

Cases Commercial Disputes

Peter Anthony Rennie v Westbury Homes (Holdings) Ltd (2007)

Judgment Date: 07 Feb 2007

The court examined an option agreement relating to the purchase of land for development and was required to decide whether a clause providing for an extension to the option period had been validly executed. The finding involved application of the test in Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] A.C. 749 to determine whether the notional reasonable recipient of the intending purchaser's notice to extend would have understood that the right to extend was being exercised.

View case

National Sporting Club Ltd v PCA Management Ltd (2006)

Judgment Date: 21 Dec 2006

On the evidence the claimant failed to prove that an oral representation alleged to have been made by the defendant had been incorporated into a contract between them.

View case

Members
George Hayman QC

Practice areas
Commercial Disputes

Square Mile Partnership Ltd v Fitzmaurice McCall Ltd (2006)

Judgment Date: 18 Dec 2006

On the true interpretation of a share sale agreement the expression "accumulated net worth" in the clause in issue meant "net assets".

View case

Members
Richard Morgan QC

Practice areas
Commercial Disputes

Philip Donnelly v Weybridge Construction Ltd (2006)

Judgment Date: 27 Oct 2006

Where a defendant construction company had, in a joint venture, built flats whose misdescription had been substantial, the claimant purchasers had been entitled to rescind or to complete and seek an abatement, so the defendant had not been entitled to require completion and was in repudiatory breach of contract. Subject to the reserved issue of whether they had the relevant knowledge, the Part 20 defendant joint venture partners had been seriously in breach of contractual and fiduciary duty in procuring the purchasers to breach their contracts by offering them an alternative to completion instead of seeking to agree necessary abatements and completing the sales.

View case

Bonham v Blake Lapthorn Linell (2006)

Judgment Date: 16 Oct 2006

A trustee had acted properly and reasonably on the advice of solicitors in commencing and pursuing litigation on a trust matter as the claims in the litigation had a reasonable prospect of success. Consequently, the trustee had not acted in breach of trust by paying monies out of the trust fund in satisfaction of the costs of the action.

View case

Members

Practice areas
Commercial Disputes

W G Mitchell (Gleneagles) Ltd & Anor v Jemstock One Ltd (2006)

Judgment Date: 10 Oct 2006

It was proper to grant rectification of an agreement for an underlease where, because of a mutual mistake, the agreement had not given full effect to the mutual intention of the parties.

View case

Nearfield Ltd v (1) Lincoln Nominees Ltd (2) Lincoln Trust Co (Jersey) Ltd (2006)

Judgment Date: 09 Oct 2006

The obligation in a joint venture agreement on one party to procure that a loan was repaid by another party imposed an obligation on the first party to see to it that the second party repaid the loan or, in the event that the latter defaulted, to pay damages equal to the amount payable but not repaid.

View case

Universal Studios International BV v Flextech Rights Ltd (2005)

Judgment Date: 18 Jul 2006

A judge should have declined to decide as preliminary issues questions that ultimately involved issues of fact and not law, since his conclusion could only have been reached on the assumption that all the facts alleged and no others were established at trial. The judge had been wrong in principle to determine whether individual episodes of a television series were similar in content to the totality of a previous series and whether the dissimilarity was sufficient to justify dissolution of a licence agreement.

View case

BBS Fashion Merchandising Ltd v Urban Regeneration Agency (2006)

Judgment Date: 05 Jul 2006

The parties had not reached a oral agreement providing one party with an extension of time by which to deliver an environmental report. Even if there had been an oral agreement, the court would have been bound to declare that no agreement had actually been concluded as the parties had been operating on a subject to contract basis.

View case

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.

View case

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.

View case

Members
Thomas Grant QC

Practice areas
Commercial Disputes

Peekay Intermark Ltd & Anor v Australia & New Zealand Banking Group Ltd (2006)

Judgment Date: 06 Apr 2006

An investor could not argue that he had been induced into entering a contract to make an investment by a misrepresentation as to the nature of that investment when the true nature of the transaction had been communicated to him in the final terms and conditions of the contract, which he had signed without actually reading.

View case

Practice areas
Commercial Disputes

Peter Button & Anor v David Phelps & Ors (2006)

Judgment Date: 03 Feb 2006

A person was in breach of contract where he had been involved in setting up and facilitating a bid for an insolvent company from a consortium, to whom he was bound by heads of terms, at the same time as he was involved in a rival bid.

View case

KPMG LLP v Network Rail Infrastructure Ltd (2006)

Judgment Date: 31 Jan 2006

In the circumstances, a defendant was entitled to the rectification of a reversionary sub-underlease to include words that had been omitted from the original underlease where the sub-underlease did not express the common continuing intention of the parties.

View case

Hameed v Qayyum & Ors (2006)

Judgment Date: 19 Jan 2006

Where the respondent entered into an agreement with the appellants to assist in matters of litigation between the appellants and another party, on a true interpretation of the agreement the respondent was entitled to the payment of a contingency fee on the payment of sums due to the appellants as a result of the litigation.

View case

Practice areas
Commercial Disputes

Training In Compliance Ltd V Christopher Dewse (T/A Data Research Co) (2004)

Judgment Date: 20 Dec 2005

A counterclaim alleging breach of contract failed where the counterclaimant knew of and approved the conduct on which the counterclaim was based.

View case

Members
David Mumford QC

Practice areas
Commercial Disputes

Velmore Estates Ltd & Ors v Roseberry Homes Ltd (2005)

Judgment Date: 31 Oct 2005

Where the appellant had a remedy in damages, he could not be required to mitigate his loss by accepting an offer that would deprive him of his remedy.

View case

Munib Masri v Consolidated Contractors International (UK) Ltd & Ors (2005)

Judgment Date: 24 Oct 2005

The underlying purpose of Council Regulation 44/2001 Art.6 was to avoid the risk of irreconcilable judgments in separate proceedings. Where a defendant in one set of proceedings was domiciled in England and other defendants in separate English proceedings were domiciled outside England, Art.6.1 applied as the claims in both proceedings were so closely connected it was expedient to hear the claims together to avoid the risk of irreconcilable judgments.

View case

Practice areas
Commercial Disputes

West Bromwich Building Society v Wilkinson & Anor (2005)

Judgment Date: 30 Jun 2005

The appellant building society (B) appealed against a decision ((2004) EWCA Civ 1063, (2004) C.P. Rep. 42) that their claim to recover a shortfall from a mortgage advance was time barred by the Limitation Act 1980 s.20(1).

View case

Practice areas
Commercial Disputes

6 7 8 9 10

Results 141 - 160 of 221