Bank Notes

June 2015

30/6/15

REINHARD v ONDRA LLP [2015] EWHC 1869 (Ch)

On the facts an individual member of an LLP was not an employee.

30/6/15

NORTHAMPTON REGIONAL LIVESTOCK CENTRE LTD v COWLING [2015] EWCA Civ 651

On the facts, an innocent partner was jointly and severally liable for any wrongful acts carried out in the ordinary course of the partnership business, even though the innocent partner was unaware of these and had not authorised them.

29/6/15

ALL PROPERTY CLAIMS LTD v ITC COMPLIANCE LTD [2015] EWHC 2198 (QB)

Where a claims management contract was one to which the Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008 (SI 2008/1816) applied, failure of the claimant to give a cancellation notice to the defendant meant the claim failed even if the defendant had in fact known of his right to cancel.

12/6/15

DUFOUR v NEWS GROUP NEWSPAPERS [2014] EWHC (Ch)

Late applications to amend a defence and adduce expert evidence were permitted in circumstances where the claimant had been partly responsible for the delay and the defendant could not have applied to amend earlier.

11/6/15

GOLDTRAIL TRAVEL LTD v AYDIN [2015] EWCA Civ 926

As a condition of continuing an appeal, the appellant was ordered to pay into court the amount of the judgment which had been made against it below of £3.64m, to make interim payments and provide security for costs.

8/6/15

PROPERTY ALLIANCE GROUP LIMITED v THE ROYAL BANK OF SCOTLAND PLC [2015] EWHC 1557 (Ch)

In a claim against RBS for LIBOR manipulation, the court considered principles applicable to claims for litigation, legal advice and without prejudice privilege as well as waiver of privilege. The court was not satisfied that the bank was entitled to rely on legal advice privilege for reports of its internal rate-setting investigation steering group. Those documents were therefore to be inspected by the court itself to determine the point. Although the bank had the right to withhold inspection of communications which were part of genuine settlement discussions with its regulators, the bank was not entitled to claim, or had waived, privilege for those communications because it had put in issue in the proceedings the fact that the regulators had not made certain findings against it.

Comment

4/6/15

FORTUNATOVA v FORTUNATOVA [2015] EWHC 2610 (Ch)

Overall, failure to provide an official transcript and skeleton argument in breach an order and CPR Practice Direction 52B.6 did not provide a sufficient reason to strike out an appeal.

1/6/15

SANDS v SINGH [2015] EWHC 2219 (Ch)

Trustees in bankruptcy delivered an application for sale of the bankrupt’s home to the court two days before expiry of the three-year ‘use it or lose it’ period under s 283A Insolvency Act 1986. Delays in the court office caused the application to be issued some weeks after the period had expired. Applying CPR PD 7A.5.1 and CPR 23.5, the application was treated as brought on the date it was received by the court.