31/7/17
CARETECH COMMUNITY SERVICES LTD v OAKDEN [2017] EWHC 1944 (QB)
The court refused retrospectively to validate service of a claim form under CPR 6.15(2) in circumstances where a copy of the claim form had been sent “for information only” to a solicitor who was not on the record for the defendant. On the facts, there had been no good reason for the failure to serve the claim form which could easily have been served during the period of its validity.
30/7/19
TINKLER v THE COMMISSIONERS FOR HER MAJESTY’S REVENUE & CUSTOMS [2019] EWCA Civ 1393
Summarises principles for establishing estoppel by convention [54].
28/7/17
OFFICESERVE TECHNOLOGIES LTD (IN LIQUIDATION) v ANTHONY-MIKE [2017] EWHC 1920 (Ch)
A settlement agreement between a company and a former director which released the director from claims and had been concluded before the company went into compulsory liquidation, was void under s 127 Insolvency Act 1986 and would not be validated retrospectively.
28/7/17
BHL v LEUMI ABL LTD [2017] EWHC 1871 (QB)
A clause in a receivables financing agreement entitling a bank to fees of "up to 15%" of receivables recovered was not a penalty but required the bank to exercise its discretion in a way that was not arbitrary, capricious or irrational (applying Braganza v BP Shipping, 2015). The bank’s decision to charge 15% without any attempt to calculate the likely costs of recovery, and without considering charging less than the maximum, was a failure to exercise its discretion properly. The court allowed a reasonable estimate of the bank's actual collection expenses and required it to refund the excess to the company.
27/7/17
DEPARTMENT FOR COMMUNITIES AND LOCAL GOVERNMENT v BLACKMORE [2017] EWCA Civ 1136
Once contributory negligence has been established, in making its assessment the court has to take into account both the extent of the claimant's responsibility for his injury and damage and the blameworthiness of his conduct as opposed to that of the defendant in deciding on the reduction in damages that it was just and equitable. The appropriate reduction should be dealt with in a broad, common sense way.
27/7/17
MUDUROGLU v STEPHENSON HARWOOD [2017] EWHC 29 (Ch)
An amendment made without permission under CPR r 17.1 to plead a new claim outside the primary limitation period should only be allowed to stand if the new cause of action arises out of the same or substantially the same facts as already in issue. Bringing proceedings without giving the notice required by a standstill agreement was not a repudiatory breach of the standstill agreement and could not therefore be relied on as preventing the standstill from having effect.
26/7/17
CAMERON DEVELOPMENTS (UK) LTD v NATIONAL WESTMINSTER BANK PLC [2017] EWHC 1884 (QB)
On the facts, acceptance of a settlement offer, following the FSA swap mis-selling review process, precluded a subsequent claim for consequential loss.
26/7/17
BLUE v ASHLEY [2017] EWHC 1928 (Comm)
Considers the test for proving an oral agreement [48] - [64] and the weakness of evidence based on memory [65]. On the facts no reasonable person would have considered that a conversation in a pub was serious and was intended to create a contract for payment of £15m.
24/7/17
JORDAN v MGN LTD [2017] EWHC 1937 (Ch)
The claimant accepted the defendant’s CPR Part 36 offer on the eve of trial over 2 years after it was made. The claimant was ordered to pay the defendant’s costs on the indemnity basis since expiry of the relevant period for acceptance of the offer.
19/7/17
TOPPING v RALPH TRISTEES LTD [2017] EWHC 1954 (QB)
Parties to litigation should not communicate with the court without simultaneously alerting the other parties to that fact [12].
5/7/17
CULLEN INVESTMENTS LTD v BROWN [2017] EWHC 1586 (Ch)
Directors acted in breach of the no conflict and no profits rules in ss 175-177 Companies Act 2006 by acquiring an interest in a competing undertaking. Also considers principles of unlawful means conspiracy [268].