Bank Notes

December 2013

20/12/13

ALFANO v NATIONAL WESTMINSTER BANK PLC [2013] EWCA Civ 1703

Reviews principles on which a guarantee may be found to have been conditional on giving some other security [33]. If on its face the guarantee is complete and effective, little short of express mention to the Bank’s officers that the guarantee is conditional is sufficient [34]. The trial judge had been entitled to find that guarantee had been delivered when it was signed, even though it had not been dated, and that dating was an immaterial formality carried out shortly afterwards [50].

20/12/13

NUGENT v NUGENT [2013] EWHC 4095 (Ch), [2015] Ch 121

The court gave guidance on the approach to be taken on an application to cancel a unilateral notice to enable the applicant to charge a property to raise funds to defend a claim by the applicant’s grandson to an interest in the property by proprietary estoppel.

20/12/13

HARRISON v BLACK HORSE LTD [2013] EWHC B28 (Costs)

Failure to serve notice of funding under CPR 44.15 in respect of a CFA was not a trivial or de minimis default. Applying the approach in Mitchell v News Group Newspapers (2013) relief from sanction was refused.

20/12/13

SCRIVEN v SCRIVEN [2013] EWHC 4223 (Ch)

Application to postpone trial refused.

18/12/13

CHAMBERS v BUCKINGHAMSHIRE HEALTHCARE NHS TRUST [2013] EWHC (QB)

Following the approach in Mitchell v News Group Newspapers (2013), relief from sanction would not be given unless the party in default showed good reason for any delay and non-compliance.

6/12/13

KAYE v SOUTH OXFORDHSIRE DISTRICT COUNCIL [2013] EWHC 4165 (Ch)

Business rates were provable in a CVA as a contingent debt.