6/10/23
KHAN v SINGH-SALL [2023] EWCA Civ 1119
A claim on a guarantee, by which the guarantor undertakes to make good and pay on demand to a bank any default in payment by a company of its liabilities, is a claim in debt not for damages [30]. Such a claim is a claim for a liquidated sum even if the claim is disputed so that it cannot be known until trial whether the claim is a good one or not.
5/10/23
VASAMI v HACK [2023] EWHC 2431 (Ch)
Considers principles of proprietary estoppel [34]. On the facts, the defendant to a claim for possession of a farm had not established a right to possession on the basis of alleged promises by his uncle that the defendant could live at the farm after his uncle’s days [34].
5/10/23
PATRICOT v ADRIAN LEE & PARTNERS [2023] EWHC 2493 (Ch)
Considers principles applicable to applications to expedite trial. On the facts, there was no real urgency and no other good reason to order an expedited trial.
4/10/23
HOTEL PORTFOLIO II LIMITED (IN LIQUIDATION) V RUHAN [2023] EWCA Civ 1120
A defaulting fiduciary can be liable to pay equitable compensation for loss suffered by the beneficiary or, at the beneficiary’s election, to provide an account of profits made in the same transaction. A person who dishonestly assists the defaulting fiduciary can be jointly and severally liable with the defaulting fiduciary to pay equitable compensation or to provide an account of any profits which the dishonest assistant personally made, but he is not liable to account for profits made by the defaulting fiduciary. So in a case where a company suffered no loss from a director’s breach of fiduciary duty, the company could seek from a nominee who dishonestly assisted the director, profits made by the nominee personally but not profits made by the director.
4/10/23
SMITH v ROYAL BANK OF SCOTLAND PLC [2023] UKSC] 34
A claim for a remedy in relation to an unfair relationship under s.140B Consumer Credit Act 1974 can be made at any time while the credit relationship said to be unfair is continuing. In cases where the claim of unfairness relates to non-disclosure of a PPI policy commission, the applicable limitation period of 6 years does not start running when the policy premiums were paid or when the policy is terminated. In considering whether the relationship is unfair, the court must consider the history of the relationship, so until the relationship is terminated there is no applicable limitation period. If there has been a long period of inaction by the debtor, that is a relevant factor in determining whether the relationship was unfair when it ended and to the exercise of the court’s discretion to grant a remedy.
3/10/23
CRYPTO OPEN PATENT ALLIANCE v WRIGHT [2023] EWHC 2408 (Ch)
Contains a summary of principles to be applied in applications for further information [8]. Any perceived overlap with powers to order specific disclosure is not a bar to an order for the provision of information, although Part 18 cannot be used to circumvent the requirements for an order for specific disclosure [56]. Also summarises principles to be applied on applications to adduce medical evidence to show a witness suffers from a condition which affects reliability [138] and applications to exclude expert hearsay evidence [159].