January 2014
31/1/14
SMITH & NEPHEW PLC v CONVATEC TECHNOLOGIES INC [2014] EWHC (Ch)
Order made under CPR 31.22(2) prohibiting the
use of certain disclosed documents after trial.
31/1/14
MALHOTRA v MALHOTRA [2014] EWHC 113 (Comm)
Inquiry as to damages ordered on discharge of injunction. Damages were not irrecoverable on the cross-undertaking as being reflective of losses of a company.
31/1/14
GEORGIAN AMERICAN ALLOYS INC v WHITE & CASE LLP [2014] EWHC (Comm)
Applying Bolkiah v KPMG (1999), a final injunction was granted restraining solicitors acting in litigation where there was a real risk that confidential information acquired by the firm when acting for the applicant might be used.
28/1/14
FAGE UK LTD v CHOBANI UK LTD [2014] EWCA Civ 5
Considers the approach to be applied in appeals against findings of fact [114].
24/1/14
ASTRAZENECA AB v KRKA, d.d. NOVO MESTO [2014] EWHC 84 (Pat)
Considers assessment of damages on cross-undertaking when injunction withdrawn by consent.
24/1/14
TWINTEC LTD v VOLKERFITZPATRICK LTD [2014] EWHC 10 (TCC)
The court granted an injunction to restrain an adjudication where the adjudicator had not been validly appointed. The mere fact that the adjudication had been brought at the same time as court proceedings would not of itself have been enough.
24/1/14
GLENCORE ENERGY UK LTD v CIRRUS OIL SERVICES LTD [2014] EWHC 87 (Comm)
Considers quantum of damages for breach of contract of sale of goods by non-acceptance, under s 50 Sale of Goods Act 1979.
23/1/14
WALES & WEST UTILITIES LTD v PPS PIPELINE SYSTEMS GMBH [2014] EWHC 54 (TCC)
Considers principles to identify the scope of issues referred to adjudication and when a party may be prevented from challenging a decision by election or the doctrine of approbation and reprobation.
23/1/14
BANK OF SCOTLAND PLC v JOSEPH [2014] EWCA Civ 28
The bank’s subrogated claim to an unpaid vendor’s lien, which had been protected by a unilateral notice on the register, took priority over a registered charge in favour of a third party mortgagee and bound a purchaser who bought the charged property when it was sold by the third party mortgagee. The fact that the unilateral notice wrongly referred to the existence of a charge (which had turned out to be ineffective and which led to bank to rely on a right of subrogation) did not cause the notice to be ineffective to preserve priority. A unilateral notice under the Land Registration Act was effective to preserve the Bank’s priority even if the basis on which the Bank claimed an interest in the property was not accurately recorded.
22/1/14
BAYLEY v SG ASSOCIATES [2014] EWHC (QB)
Trust beneficiaries had derivative claims
against an investment adviser for breach of duty.
21/1/14
YUZHNY ZAVOD METALL PROFIL LLC v EEMS BEHEERDER BV [2014] EWCA Civ 333
An appeal notice would be struck out unless the appellant complied with an order of the lower court for payment on account of the respondent’s costs.
21/1/14
PRICE v DAVIS [2014] EWCA Civ 26
An IVA approved after an earlier IVA had been suspended, bound all creditors including those who only became creditors after the suspension.
20/1/14
ECCLESTONE v KHYAMI [2014] EWHC 29 (QB)
Considers a claim for delivery up and damages for conversion of a car.
20/1/14
WEBB RESOLUTIONS LTD v E-SURV LTD [2014] EWHC 49 (QB)
On an application to extend time for seeking permission to appeal, the court would apply the approach in Mitchell v New Group Newspapers Ltd (2013) and consider whether the default was trivial and why it occurred.
20/1/14
M A LLOYD & SONS LTD v PPC INTERNATIONAL LTD [2014] EWHC 41 (QB)
Delay in failing to comply with an order for service of witness statements on a particular issue had been substantial and there had been no good reason for it. The claimant was debarred from producing evidence on that issue at trial.
17/1/14
DAY v SHAW [2014] EWHC 36 (Ch)
A wife was entitled to an equity of exoneration against her husband so that borrowing was paid first from his share of sale proceeds where the couple charged their property to secure the husband’s guarantee of the borrowing of a company.
17/1/14
It was announced that ICE Benchmark Administration (IBA) will officially take over as the new administrator of the London Interbank Offered Rate (LIBOR) from 1/2/14.
16/1/14
THEVARAJAH v RIORDAN [2014] EWCA Civ 14
The grant of relief from the sanction of being debarred from defending was overturned on appeal applying the robust approach in Mitchell v News Group Newspapers (2013).
15/1/14
BIJLANI v UNUM LTD [2014] EWHC 27 (QB)
Application to re-assign case to High Court judge refused.
14/1/14
INVESTMENT BANK SPECIAL ADMINISTRATION REGULATION
Final report of Peter Bloxham published.
14/1/14
LSI 2013 LTD v SOLAR PANEL CO (UK) LTD [2014] EWHC (Ch)
Where a company genuinely disputed a debt on substantial grounds, it was wrong to make a winding-up order on the basis that the petitioning creditor could be regarded as a contingent creditor.
13/1/14
LONG v VALUE PROPERTIES [2014] EWHC
Applying the approach in Mitchell v News Group
Newspapers (2013), the court refused to grant relief from sanction for failure
to file details of a CFA and success fee in accordance with Costs Practice
Direction para 32.5.
13/1/14
STOPJOIN PROJECTS LTD v BALFOUR BEATTY ENGINEERING SERVICES (HY) LTD [2014] EWHC 589 (TCC)
A sub-contractor had purported to assign its book debts to a factoring company. The sub-contracts prohibited assignment so the claim based on the assignment was struck out. But a claim that the failed assignment gave rise to an implied trust of the book debts in its favour was arguable and would not be struck out.
10/1/14
KEY HOMES BRADFORD LTD v PATEL [2014] EWHC B1 (Ch)
Section 1140 Companies Act 2006 provides a method for serving a company director with any document, including a claim form.
7/1/14
PUNJAB NATIONAL BANK (INTERNATIONAL) LTD v GOSAIN [2014] EAT(2014)
Covert recordings of private conversations concerning an employee's grievance and disciplinary hearings had rightly been held admissible at her unfair dismissal hearing.
JANUARY 2014
Employment Rights on the Transfer of an Undertaking: A Guide to the 2006 TUPE Regulations, as Amended by the Collective Redundancies & Transfer of Undertakings (Protection of Employment)(Amendment) Regs 2014, published.
© Copyright 2014 Neil Levy All Rights Reserved. Disclaimer