October 2015
30/10/15
KOTONOU v NATIONAL WESTMINSTER BANK PLC [2015] EWCA Civ 1106
Claims struck out for abuse of process. Applicable principles reviewed [42].
29/10/15
JSC BANK OF MOSCOW v KEKHMAN [2015] EWHC 3073 (Comm)
The court dismissed the defendant’s application to strike out the bank’s claim. The bank’s claims of fraudulent conspiracy and fraudulent misrepresentation had a real prospect of success. The primary facts pleaded did not necessarily have to lead to an inference of fraud. It was sufficient that on the basis of the primary facts pleaded, an inference of dishonesty was more likely than one of innocence or negligence [20].
29/10/15
ONE MONEY MAIL LTD v RIA FINANCIAL SERVICES [2015] EWCA Civ 1084
The court below had been right to find the first respondent liable for procuring a breach of contract.
29/10/15
MORTGAGE EXPRESS v COUNTRYWIDE SURVEYORS LTD [2015] EWCA Civ 1110
On its proper interpretation a standstill agreement covered claims in deceit.
23/10/15
BARNES v PHILLIPS [2015] EWCA Civ 1056
Considers principles for determination of beneficial interests in property as between co-owners.
23/10/15
RAYNER v WOLFERSTANS (A FIRM) [2015] EWHC 2957 (QB)
Considers date of knowledge for the purposes of s 11 & 14 Limitation Act 1980.
22/10/15
AMERICAN EXPRESS SERVICES EUROPE LTD v AL-SHABRAKAH [2015] EWHC 3004 (QB)
The court rejected as inherently implausible an assertion that borrowing was a result of credit card fraud.
21/10/05
GBM MINERALS ENGINEERING CONSULTANTS LTD v GB MINERALS HOLDINGS LTD [2015] EWHC 2954 (TCC)
Considers when permission should be given for late amendments of pleadings.
19/10/15
METROPOLITAN HOUSING TRUST LTD v TAYLOR HOUSING LTD [2015] EWHC 2897 (Ch)
A freezing injunction was discharged as the court was not satisfied there was a real risk of dissipation.
16/10/15
POWER v HODGES [2015] EWHC 2931 (Ch)
Fines and suspended prison sentences imposed for contempt by company directors for failing to comply with a disclosure order. Relevant principles reviewed [56].
14/10/15
EMERALD SUPPLIES LTD v BRITISH AIRWAYS PLC [2015] EWCA Civ 1024
Claims of unlawful conspiracy and interfering with business by unlawful means struck out [159], [167], [173-6].
13/10/15
BERNSTEN v TAIT [2015] EWCA Civ 1001
Claims against administrators of a limited liability partnership had been correctly dismissed on an application for summary judgment. Claims that the business could have been rescued and that it had been sold at an undervalue had no prospect of success.
9/10/15
DIXON v BLINDLEY HEATH INVESTMENTS LTD [2015] EWCA Civ 1023
Estoppel by convention was made out and prevented the parties denying the existence of rights of pre-emption in relation to shares. The estoppel could operate even if forgetfulness was the cause of the mistaken belief.
8/10/15
RE: FIVESTAR PROPERTIES LTD [2015] EWHC 2782 (Ch)
When an order restoring a company to the register was made, property which had vested in the Crown on the company’s dissolution and which the Crown had disclaimed, re-vested in the company.
8/10/15
WORTHING v LLOYDS BANK PLC [2015] EWHC 2836 (QB)
Investment advice given by the bank in relation to the claimant’s investment portfolio had not been negligent or given in breach of the COBS rules.
7/10/15
BARCLAYS BANK PLC v REGISTRAR OF COMPANIES [2015] EWHC 2806 (Ch)
Considers grounds for restoring a company to the register after it had been dissolved following administration, and the standing of the former administrator to make representations.
1/10/15
CONSUMER CONTRACTS (AMENDMENT) REGULATIONS 2015, SI 2015/1629
This regulation comes into force and revokes certain provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, so as to avoid duplication by the Consumer Rights Act 2015.
1/10/15
Substantive provisions of the CRA 2015 come into force. The Act consolidates and amends remedies for defective goods, introduces new remedies for digital content and reforms the law on unfair terms in consumer contracts.
1/10/15
SMALL BUSINESS, ENTERPRISE & EMPLOYMENT ACT 2015
Various provisions including ss 117-119 (allowing administrators to bring fraudulent/wrongful trading claims, liquidators and administrators to assign causes of action, and providing for the application of proceeds of office-holder claims) are brought into force on 1 October 2015 by SI 2015/1689.
1/10/15
ICAEW STATEMENT OF INSOLVENCY PRACTICE 1 (SIP 1)
Revised SIP 1 comes into force. There are new requirements for IPs to report IP misconduct, notify creditors IPs are subject to the Insolvency Code of Ethics, and provide creditors on request with details of any threats to compliance with SIP 1 and steps to mitigate those threats.