Bank Notes

February 2014

28/2/14

CO-OPERATIVE GROUP LTD v BIRSE DEVELOPMENTS LTD [2014] EWHC 530 (TCC)

A building contractor's claims in negligence against sub-contractors were time-barred by s 2 Limitation Act 1980 because the cause of action accrued at the latest on practical completion which had occurred 12 years before the proceedings were started. Considers the principles to be applied in determining whether an attempt to assign the benefit of a contractual warranty without the contractually required consent gives rise to a trust in favour of the purported assignee. On the facts no such trust existed in favour of the claimant.

28/2/14

JCA BTA BANK v ABLYAZOV [2014] EWHC 455 (Comm)

There was no issue estoppel preventing the bank from seeking a declaration that the defendant was the beneficial owner of shares against which the bank wished to enforce judgments. Although the bank had failed to establish this in committal proceedings, that had been determined on the criminal standard and since then the bank had adduced new material which it relied on to show the defendant had adduced untrue evidence.

27/2/14

CLARKE v BARCLAYS BANK PLC [2014] EWHC 505 (Ch)

Permission was refused for the claimant to rely on a second expert report. Having served an expert report, the claimant had waited for several months before disclosing that the expert had withdrawn. The claimant’s failure to apply for directions sooner was an abuse of process and to permit him to rely on a second expert report would prejudice the other parties.

19/2/14

WILLIAMS v CENTRAL BANK OF NIGERIA [2014] UKSC 10

The claimant claimed that a solicitor, who had held money on trust for him in a client account, fraudulently paid the money to an account with the defendant bank which was liable as a constructive trustee for dishonest assistance and knowing receipt. The Court of Appeal had been wrong to hold that the claims fell within s 21(1) Limitation Act 1980 as an action by a beneficiary under a trust in respect of any fraud or fraudulent breach of trust to which the trustee was a party or privy. Section 21 covers trustees proper not accessories liable under a remedial constructive trust. The claims for knowing receipt and dishonest assistance were therefore subject to a 6 year limitation period and were time-barred.

14/2/14

CLARK v IN FOCUS ASSET MANAGEMENT & TAX SOLUTIONS LTD [2014] EWCA Civ118, [2014] 1 WLR 2502

The fact that a complaint of bad investment advice had been upheld by the Financial Ombudsman and accepted by the claimant, prevented the claimant from bringing legal proceedings to recover compensation above the maximum £100,000. The award was a judicial decision and the doctrine of res judicata applied to prevent a further claim.

11/2/14

BROTHERSTON v COMMISIONERS FOR HM REVENUE & CUSTOMS [2014] EWCA Civ 229

Considers circumstances in which a second appeal may merit consideration by the Court of Appeal where there is binding Court of Appeal authority on the point in issue.

11/2/14

CO-OPERATIVE GROUP LTD v CARILLiON JM LTD [2014] EWHC 2253

A settlement agreement referred to in a CPR Part 20 claim was ordered to be disclosed under CPR 31.14.

6/2/14

CLYDESDALE BANK PLC v KINLEIGH FOLKARD & HAYWARD [2014] EWHC (Ch)

Issue of a claim form (not service) engages the court’s jurisdiction to make orders for costs.

5/2/14

THAKKER v NORTHERN ROCK (ASSET MANAGEMENT) PLC [2014] EWHC 2107 (QB)

Non-compliance with the Mortgage Conduct of Business Rules (MCOB) did not provide a defence to a mortgagee’s claim for possession.

5/2/14

BISHOP v GOLDSTEIN [2014] EWCA Civ 10

Considers right of partner to damages for breach of partnership agreement leading to early consensual dissolution of the partnership.

4/2/14

GRIFFIN v JUDICIAL CONDUCT INVESTIGATIONS OFFICE [2014] EWCA Civ 66

Application for permission to appeal against a civil restraint order refused.

4/2/14

FORTRESS VALUE RECOVERY FUND I LLC v BLUE SKYE OPPORTUNITIES FUND LP [2014] EWHC (Comm)

Where certain assets of the defendant were subject to a freezing order, the court restrained the defendant from using the assets to meet business and legal expenses when funding to cover those expenses was likely to be available from co-defendants.

3/2/14

BOVINGDON v BELCHER [2014] EWHC (Ch)

Monies paid to an agent as a result of the agent’s undue influence or breach of duty as agent, were ordered to be repaid.

3/2/14

ELSWORTH ETHANOL CO LTD v HARTLEY [2014] EWHC 99 (IPEC)

Contains a useful summary of the law as to whether an individual has become a de facto director [51-4]. On the facts the individual concerned had not been a de facto director and had not in any event breached any fiduciary duty to the company.