Results: 98

• Emerald Supplies Ltd v British Airways plc (No 1) (Air Canada, third parties) (Korean Airlines Co Ltd, fourth parties) (Emerald Supplies Ltd v British Airways plc (No 2) (Air Canada, third parties) (Polar Air Cargo llc, fourth parties))

  28 Oct 2014 [2014] EWHC 3513 (Ch); [2014] CN 1855, Ch D (Peter Smith J)

  14 Oct 2015 [2015] EWCA Civ 1024; [2016] Bus LR 145; [2015] WLR (D) 411, CA

  23 May 2016 (appn dis) [2016] Bus LR 713, SC(E)

  Subsequent citations: 35.
  PRACTICE — Judgment — Redaction

  COMPETITION — Commission decision — Presumption of innocence

  TORT — Cause of action — Intention to injure
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  Case index catchwords

  PRACTICE — Judgment — Redaction — European Commission issuing Decision — Defendant making redactions to Decision — Claimants seeking review of lawfulness of redactions — Whether possible for English judge to order disclosure of European Decision in un-redacted form — Whether protections necessary in making such an order — Whether decision of English court on such an application potentially conflicting with future EC decisions

  COMPETITION — Commission decision — Presumption of innocence — Duty of sincere co-operation — Commission issuing confidential Decision containing infringement findings or allusions to infringements not in operative part — Claimants bringing damages proceedings in national court seeking disclosure of unredacted confidential version of Decision — Commission subsequently publishing provisional non-confidential version with protected material redacted — Judge directing disclosure of unredacted confidential version to confidentiality ring — Application of EU principle of presumption of innocence to national proceedings — Whether national court obliged to afford same protection as afforded at Community level — EU Treaty, art 4(3)EU — FEU Treaty, art 101FEU — Charter of Fundamental Rights of the European Union, art 48

  TORT — Cause of action — Intention to injure — Commission finding defendant infringing competition law — Claimants issuing proceedings claiming unlawful interference with business and unlawful means conspiracy arising out of alleged unlawful cartel — Defendant applying to strike out economic torts — Whether claimants showing necessary intent to injure particular claimants

  8 Case(s) considered

  3 EU Enactments considered
• ZVI Construction Co llc v University of Notre Dame (USA) In England

  02 Aug 2016 [2016] EWHC 1924 (TCC); [2016] Bus LR 1311; [2016] WLR (D) 465, QBD (Stephen Furst QC sitting as a deputy High Court judge)

  Subsequent considerations : 1 positive. Subsequent citations: 4.
  BUILDING — Contract — Dispute resolution procedure
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  BUILDING — Contract — Dispute resolution procedure — Development agreement providing for sale of property — Completion of sale conditional on completion of works to be carried out by builder — Agreement providing for determination of disputes by expert — Buyer obtaining expert’s determination against builder — Builder subsequently contending dispute resolution clause restricted to disputes between buyer and seller — Whether builder by its conduct impliedly conferring jurisdiction on expert — Whether bound by expert’s determination

  2 Case(s) considered

• Imperator I Maritime Co v Bunge SA (The Coral Seas)

  24 Jun 2016 [2016] EWHC 1506 (Comm); [2016] Bus LR 876; [2016] 2 Lloyd's Rep 293; [2016] WLR (D) 339, QBD (Phillips J)

  SHIPPING — Charterparty — Construction
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  SHIPPING — Charterparty — Construction — Charterparty containing speed warranty — Vessel suffering marine fouling in ordinary course of charterer’s use resulting in under performance — Whether owner able to rely on defence that under performance resulting from compliance with charterers’ orders

  1 Case considered

• In re Melodious Corpn (Chan Pui-Kwan v Leung Kam-Ho)

  10 Mar 2015 [2015] EWHC 621 (Ch); [2016] Bus LR 101; [2015] 2 All ER (Comm) 1139; [2015] 1 BCLC 518; [2015] WLR (D) 162, Ch D (Sir Terence Etherton C)

  Subsequent citations: 5.
  INSOLVENCY — Administration — Appointment of administrators

  INSOLVENCY — Liquidation — Conversion from administration
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  Case index catchwords

  INSOLVENCY — Administration — Appointment of administrators — Decision to appoint administrator by single director at inquorate meeting — Statutory provision that insolvency proceedings not invalidated by formal defect or irregularity — Whether provision saving administrator’s appointment — Whether company placed in administration — Insolvency Rules 1986 (SI 1986/1925), r 7.55

  INSOLVENCY — Liquidation — Conversion from administration — Administrator sending Registrar of Companies notice of conversion of administration to liquidation — Notice sent just prior to expiry of administrator’s term of office — Whether liquidation effective if notice received after expiry of term — Insolvency Act 1986 (c 45), Sch B1, para 83(6) (as inserted by Enterprise Act 2002 (c 40), s 248, Sch 16, para 1)

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Reha Training Gesellschaft für Sport-und Unfallrehabilitation mbH v Gesellschaft für musikalische Aufführungs-und mechanische Vervielfältigungsrechte eV (GEMA)

  31 May 2016 (Gesellschaft zur Verwertung von Leistungsschutzrechten mbH (GVL) intervening) (Case C-117/15); EU:C:2016:379; [2016] Bus LR 933; [2016] WLR (D) 289, ECJ

  Subsequent considerations : 1 positive. Subsequent citations: 17.
  COPYRIGHT — Communication to public — Rights

  EUROPEAN UNION — Reference for a preliminary ruling — Intellectual property
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  Case index catchwords

  COPYRIGHT — Communication to public — Rights — Rehabilitation centre broadcasting television programmes to patients in waiting rooms — Performance rights organisation demanding royalties — Applicable European Union legislation — Whether broadcasts acts of “communication to the public” — Criteria to be applied — Parliament and Council Directive 2001/29/EC, art 3(1) — Parliament and Council Directive 2006/115/EC, art 8(2)

  EUROPEAN UNION — Reference for a preliminary ruling — Intellectual property — Copyright and related rights — Directive 2001/29/EC — Article 3(1) — Directive 2006/115/EC — Article 8(2) — Concept of ‘communication to the public’ — Installation of television sets by the operator of a rehabilitation centre making it possible for patients to watch television programmes

  3 Case(s) considered

  2 EU Enactments considered
• Banif Plus Bank Zrt v Lantos (Banif Plus Bank Zrt. v Márton Lantos and Mártonné Lantos)

  03 Dec 2015 (Case C-312/14); EU:C:2015:794; [2016] Bus LR 2; [2015] WLR (D) 498, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 10.
  FINANCIAL SERVICES — Markets in financial instruments — Investment services and activities

  EUROPEAN UNION — References for a preliminary ruling — Directive 2004/39/EC
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  Case index catchwords

  FINANCIAL SERVICES — Markets in financial instruments — Investment services and activities — Consumer entering into foreign currency denominated loan — Loan amount and monthly repayments fixed on basis of currency prices — Whether foreign exchange transactions forming part of loan “investment services” — Whether credit institution required to assess appropriateness of service to be provided — Parliament and Council Directive 2004/39/EC, art 4(1)(2), Annex 1, Sections A, C

  EUROPEAN UNION — References for a preliminary ruling — Directive 2004/39/EC — Articles 4(1) and 19(4), (5) and (9) — Markets in financial instruments — Concept of ‘investment services and activities’ — Provisions to ensure investor protection — Conduct of business obligations when providing investment services to clients ‐ Obligation to assess the suitability or appropriateness of the service to be provided — Contractual consequences of non-compliance with that obligation — Consumer credit contracts — Foreign currency denominated loan — Advancement and reimbursement of loan in domestic currency — Terms relating to the exchange rate

  1 Words & Phrases considered

  1 EU Enactment considered
• In re Cooke (A Bankrupt) (Cooke v Dunbar Assets plc)

  29 Jul 2016 [2016] EWHC 1888 (Ch); [2016] Bus LR 960; [2016] WLR (D) 444, Ch D (Jeremy Cousins QC sitting as a deputy High Court judge)

  Subsequent considerations : 1 negative. Subsequent citations: 2.
  BANKRUPTCY — Appeal — Costs
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  Case index catchwords

  BANKRUPTCY — Appeal — Costs — Debtor’s appeal against bankruptcy order dismissed — Appropriate order as to costs — Insolvency Rules 1986, r 12.2

  2 Case(s) considered

  1 Statutory Instrument considered

• SimplySure Ltd v Personal Touch Financial Services Ltd

  17 May 2016 [2016] EWCA Civ 461; [2016] Bus LR 1049; [2016] WLR (D) 265, CA

  Subsequent citations: 6.
  FINANCIAL SERVICES — Regulated activities — Arranging deals in investments
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  Case index catchwords

  FINANCIAL SERVICES — Regulated activities — Arranging deals in investments — Adviser filling in questionnaire with information provided by potential client to enable advice to be given concerning insurance — Whether making “arrangement” for person to buy investments — Whether “regulated activity” — Financial Services and Markets Act 2000 (c 8), s 19 — Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544), art 25(1)(2)

• Quenon K SPRL v Beobank SA (formerly Citibank Belgium SA) (Quenon K. SPRL v Beobank SA and Metlife Insurance SA)

  03 Dec 2015 (Case C-338/14); EU:C:2015:795; [2016] Bus LR 264; [2015] WLR (D) 504, ECJ

  Subsequent citations: 6.
  AGENCY — Agency agreement — Commercial agent

  EUROPEAN UNION — Reference for a preliminary ruling — Self-employed commercial agents
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  Case index catchwords

  AGENCY — Agency agreement — Commercial agent — Principal terminating agreement and paying agent indemnity — Provision of national legislation entitling agent to additional damages if indemnity not covering loss — Whether EU legislation precluding national provision — Whether damages award dependent on existence of fault — Whether award dependent on loss being distinct from that under indemnity — Council Directive 86/653/EEC, art 17(2)

  EUROPEAN UNION — Reference for a preliminary ruling — Self-employed commercial agents — Directive 86/653/EEC — Article 17(2) — Termination of the agency contract by the principal — Compensation of the agent– Prohibition of the simultaneous operation of the indemnity for customers scheme and compensation for damage scheme — Entitlement of the agent to damages additional to the indemnity for customers — Conditions

  3 Case(s) considered

  1 EU Enactment considered

• Football Association Premier League Ltd v Wells

  07 Dec 2015 [2015] EWHC 3910 (Ch); [2016] Bus LR 350; [2016] WLR (D) 39, Ch D (Snowden J)

  COPYRIGHT — Infringement — Broadcast
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  Case index catchwords

  COPYRIGHT — Infringement — Broadcast — Enforcement of intellectual property rights — Defendants infringing claimant’s copyright by transmitting football matches to members of public without consent — Claimant seeking order requiring defendants to identify persons providing them with goods or services enabling them to screen football matches — Whether jurisdiction to make order — Parliament and Council Directive 2004/48/EC, art 8

  1 Case considered

  1 EU Enactment considered