February 2020
27/2/20
ALLEN v DODD & CO LTD [2020] EWCA Civ 258
Considers what amounts to a sufficient state of mind to make a person liable in tort for inducing a breach of contract. A defendant given advice that it is more probable than not that no breach will be committed is not liable.
25/2/20
CHAPELGATE CREDIT OPPORTUNITY MASTER FUND LTD v MONEY [2020] EWCA Civ 246
The trial judge had been entitled to exercise his discretion to hold that on the facts of the case the liability of litigation funders for the adverse costs was not to be limited to the extent to which the funder had provided funding (the 'Arkin cap’). The funder had not funded only a distinct part of the claimant’s costs. It stood to receive in return a profit amounting to a multiple of what it had spent. The judge had been entitled to have regard to the funder’s prospective gains and the extent to which the Arkin cap would have left the defendants out of pocket. The litigation had involved very serious allegations against parties who could not be expected to share legal representation.
21/2/20
WALLIS TRADING INC v AIR TANZANIA COMPANY LTD [2020] EWHC 339 (Comm)
The defendant company was contractually estopped from contesting the validity of an aircraft lease [79]. In any event an allegation that a director entered into the lease otherwise than in good faith was not made out [95]. The director had ostensible authority to enter into the lease [102]. The lease was within the company’s powers and the claimant had no notice of any abuse of power by the company’s board so the lease was enforceable (applying Rolled Steel Products, 1986) [107].
7/2/20
SCIORTINO v BEAMONT [2019] EWHC 189 (Ch)
Allegedly negligent advice given in October 2011 had been merely confirmatory of advice given earlier in May 2011 and had not given rise to a fresh cause of action. Any claim in relation to the May 2011 advice was time-barred and the court below had therefore been right to strike out the allegation.
7/2/20
RE STATEBOURNE (CRYOGENIC) LTD [2020] EWHC 231 (Ch)
Notice of appointment of administrators filed one day late under para 28(2) of Sch B1 to the Insolvency Act 1986 was declared valid.
6/2/20
FILATONA TRADING LTD v NAVIGATOR EQUITIES LTD [2020] EWCA Civ 109
A disclosed principal was entitled to exercise rights under a shareholder’s agreement.
5/2/20
GOLDMAN v ZURICH INSURANCE PLC [2020] EWHC 192 (TCC)
Claims would not be struck out as an abuse of process because the court was not satisfied that they could and should have been raised in earlier proceedings between the same parties
4/2/20
RE CARTER MOORE SOLICITORS LTD [2020] EWHC 186 (Ch)
Failing to select a correct drop down box in CE filing a notice of appointment of administrators had been a mere error of procedure. The notice was declared valid and the appointment had been effective.