December 2019
20/12/19
CRUMPLER v CANDEY LTD [2019] EWHC 3558 (Ch)
Considers new value to be regarded as given for a floating charge which would otherwise be invalid under s 245 Insolvency Act 1986. Comments on solicitors guideline hourly rates in costs assessment [155].
16/12/19
INDUSTRIAL AND COMMERCIAL BANK OF CHINA LTD v AMBANI [2019] EWHC 3436 (Comm)
Where a defence just about stood a real prospect of success but the defendant’s evidence was incomplete and implausible, it was appropriate to make a conditional order requiring the defendant to pay money into court.
14/12/19
LYLE v BEDBOROUGH [2019] EWHC 3506 (Ch)
Considers principles applicable to waiver of legal advice privilege. On the facts, no waiver had taken place because most of the references to the advice had been nothing more than to the fact of having taken advice, and although some went into “broad brush detail” it was not very full and it would be unfair and disproportionate to hold that privilege had been waived by deploying such limited material.
6/12/19
ABBHI v SLADE [2019] EWCA Civ 2175
The judge had been right to find that an agreement by a father to pay his son’s legal fees had not been an unenforceable oral guarantee (a secondary liability) but an agreement to fund the fees independently of any default on the part of the son (a primary liability).