Results: 132

• Home Credit Slovakia a s v Bíróová (Home Credit Slovakia a.s. v Klára Bíróová)

  09 Nov 2016 (Case C-42/15); EU:C:2016:842; [2017] Bus LR 573; [2016] WLR (D) 586, ECJ

  Subsequent considerations : 1 positive; most recently considered: 2025. Subsequent citations: 14.
  FAIR TRADING — Consumer credit — Agreement

  EUROPEAN UNION — Reference for a preliminary ruling — Directive 2008/48/EC
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  Case index catchwords

  FAIR TRADING — Consumer credit — Agreement — Requirement that credit agreement be drawn up on durable medium and include certain information — Whether agreement must also be signed — Whether permissible for requisite information to be included in separate document cross-referenced in credit agreement — Whether specific dates on which repayments to be made part of requisite information — Whether requirement that agreement state in amortisation table part of repayment instalment allocated to repayment of capital — Penalty under national law for failure to provide information — Parliament and Council Directive 2008/48/EC, arts 3(m), 10(1)(2), 23

  EUROPEAN UNION — Reference for a preliminary ruling — Directive 2008/48/EC — Consumer protection — Consumer credit — Article 1, Article 3(m), Article 10(1) and (2), Article 22(1) and Article 23 — Interpretation of the expressions ‘on paper’ and ‘on another durable medium’ — Contract referring to another document — Requirement for the agreement to be in ‘written form’ within the meaning of national law — Indication of information required by reference to objective criteria — Information to be included in a fixed-term credit agreement — Effect of failure to include mandatory information — Proportionality

  2 Case(s) considered

• Gunewardena v Conran Holdings Ltd

  22 Nov 2016 [2016] EWHC 2983 (Ch); [2017] Bus LR 301; [2016] WLR (D) 639, Ch D (Mann J)

  Subsequent citations: 1.
  COMPANY — Articles of association — Registration
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  Case index catchwords

  COMPANY — Articles of association — Registration — Effect of filing and registration — Whether articles registered at Companies House company’s true articles of association

  1 Case considered

• Green v Wright

  09 Feb 2015 [2015] EWHC 993 (Ch); [2015] BPIR 806, Ch D

  01 Mar 2017 [2017] EWCA Civ 111; [2017] Bus LR 1070; [2017] WLR (D) 143, CA (Lord Justice David Richards, Lord Justice Irwin)

  Subsequent citations: 6.
  BANKRUPTCY — Voluntary arrangement — Certificate of completion
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  Case index catchwords

  BANKRUPTCY — Voluntary arrangement — Certificate of completion — Supervisor issuing certificate of completion of individual voluntary arrangement— Debtor thereby released from all debts subject to arrangement— Supervisor subsequently receiving payments settling claims brought by debtor— Whether payments subject to trusts constituted by arrangement— Whether trusts ceasing on debtor’s release from debts— Insolvency Rules 1986 (SI 1986/1925), r 5.34 (as substituted by Insolvency (Amendment) (No 2) Rules (SI 2002/2712), Sch 1(3), para 24) — Association of Business Recovery Professionals Standard Conditions for Individual Voluntary Arrangements (2004), paras 1, 9(2), 28

  2 Case(s) considered

  1 Statutory Instrument considered
• S Franses Ltd v Cavendish Hotel (London) Ltd

  03 Jul 2017 [2017] EWHC 1670 (QB); [2017] Bus LR 1941; [2017] WLR (D) 503, QBD (Jay J)

  22 Jan 2018 (appn all) [2018] Bus LR 549, SC(E) (Lord Kerr of Tonaghmore, Lord Carnwath, Lord Hughes JJSC)

  05 Dec 2018 [2018] UKSC 62; [2019] AC 249; [2018] 3 WLR 1952; [2018] Bus LR 2504; [2019] 2 All ER 463; [2018] WLR (D) 778; Case details, SC(E) (Baroness Hale of Richmond PSC, Lord Sumption, Lady Black, Lord Briggs, Lord Kitchin JJSC)

  Subsequent considerations : 1 negative; most recently considered: 2025. Subsequent citations: 11.
  LANDLORD AND TENANT — Business premises (security of tenure) — Application for new tenancy
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  Case index catchwords

  LANDLORD AND TENANT — Business premises (security of tenure) — Application for new tenancy — Landlord opposing application on ground of intention to carry out substantial works of reconstruction — Landlord contriving scheme of works for sole purpose of obtaining vacant possession — Whether landlord having sufficient intention to carry out scheme — Relevance of landlord’s motive — Whether in assessment of scheme judge failing to exclude works capable of being performed under landlord’s right of entry — Landlord and Tenant Act 1954 (2 & 3 Eliz 2, c 56), s 30(1)(f)(as amended by Law of Property Act 1969 (c 59), s 15, Sch 1)

  LANDLORD AND TENANT — Business premises (security of tenure) — Application for new tenancy — Landlord opposing application on ground of intention to carry out substantial works of reconstruction — Landlord intending to carry out works if necessary to obtain vacant possession but not if tenant vacating voluntarily — Whether landlord having sufficient intention to make out ground of opposition — Relevance of landlord’s motive — Landlord and Tenant Act 1954 (2 & 3 Eliz 2, c 56), s 30(1)(f) (as amended by Law of Property Act 1969 (c 59), s 15, Sch 1)

  5 Case(s) considered

  1 Statute considered

• Mailbox (Birmingham) Ltd v Galliford Try Building Ltd (formerly known as Galliford Try Construction Ltd)

  21 Jun 2017 [2017] EWHC 1405 (TCC); [2017] Bus LR 2103; [2017] WLR (D) 411, QBD (The Hon Mr Justice Coulson)

  Subsequent citations: 1.
  BUILDING — Contract — Adjudication
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  Case index catchwords

  BUILDING — Contract — Adjudication — Contractor putting in limited extension of time submission in defence to claim in adjudication for liquidated damages for delay and seeking to hold over full defence for subsequent adjudication — Adjudicator issuing award in employer’s favour based on consideration of limited defence — Contractor commencing second adjudication and seeking to rely on full extension of time submission in support of claim for unlawful termination — Whether first adjudication decision final and binding with respect to liquidated damages and extensions of time — Whether contractor prevented from commencing second adjudication — Whether adjudicator in second adjudication bound to decide claim for unlawful termination based on determinations as to time and delay in first adjudication

  BUILDING — Contract — Adjudication — Employer bringing adjudication claim against contractor for liquidated damages for delay — Contractor putting in limited extension of time submission in defence — Adjudicator issuing award in employer’s favour based on consideration of limited defence — Contractor commencing second adjudication and seeking to rely on full extension of time submission in support of claim for unlawful termination — Whether first adjudication decision final and binding with respect to liquidated damages and extensions of time — Facts and matters available to contractor in second adjudication

  3 Case(s) considered

• CSSA Chartering and Shipping Services SA v Mitsui OSK Lines Ltd (The Pacific Voyager)

  18 Oct 2017 [2017] EWHC 2579 (Comm); [2017] Bus LR 2125; [2018] 2 All ER (Comm) 62; [2018] 1 Lloyd's Rep 57; [2017] WLR (D) 683, QBD (Popplewell J)

  06 Nov 2018 [2018] EWCA Civ 2413; [2020] Bus LR 192; [2019] 1 All ER (Comm) 875; [2019] 1 Lloyd's Rep 370; [2018] WLR (D) 683, CA (Longmore, King LJJ, Sir Rupert Jackson)

  SHIPPING — Charterparty — Construction
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  Case index catchwords

  SHIPPING — Charterparty — Construction — Parties entering into voyage charter of vessel — Charter not stipulating expected loading date but providing cancelling date and estimated loading dates on previous voyage — Damage to vessel preventing arrival at loading port by cancelling date in charterparty — Whether absolute obligation on vessel’s owner to commence approach voyage to loading port by date which made vessel’s arrival by cancelling date reasonably certain

  SHIPPING — Charterparty — Construction — Vessel chartered out while still performing previous charter — Charter containing expected time of arrival at last discharge port under previous charter but no expected time of arrival or readiness to load at loading port — Charter requiring owner to proceed to port with utmost dispatch — Whether owner’s failure to commence approach voyage to loading port by particular date breach of charter — Relevance of estimates contained in itinerary for previous charter

  4 Case(s) considered

• Stichting Brein v Wullems

  26 Apr 2017 (Case C-527/15); EU:C:2017:300; [2017] Bus LR 1816; [2017] ECDR 14; [2017] WLR (D) 285, ECJ (President of Chamber M Ilešič, President of Court, acting as Judge of Second Chamber, K Lenaerts, Judges A Prechal, C Toader, E Jarašiūnas Advocate General M Campos Sánchez-Bordona)

  Subsequent citations: 7.
  COPYRIGHT — Communication to public — Rights

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

  COPYRIGHT — Communication to public — Rights — Defendant selling multimedia players with pre-installed add-ons containing links to streaming websites giving access to digital content without rightholders’ consent — Defendant’s advertisements stating purchasers of players able to watch audiovisual material without rightholders’ consent — Whether “communication to public” — Whether defendant’s acts satisfying conditions for exemption from general rule that only rightholder able to authorise reproductions of protected works — Parliament and Council Directive 2001/29/EC, arts 3(1), 5(1)(5)

  EUROPEAN UNION — Reference for a preliminary ruling — Intellectual and industrial property — Directive 2001/29/EC — Harmonisation of certain aspects of copyright and related rights — Article 3(1) — Communication to the public — Definition — Sale of a multimedia player — Add-ons — Publication of works without the consent of the right holder — Access to streaming websites — Article 5(1) and (5) — Right of reproduction — Exceptions and limitations — Lawful use

  4 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered
• Davy v Pickering

  19 Feb 2015 [2015] EWHC 380 (Ch); [2015] CN 327, Ch D (Judge Keyser QC)

  24 Jan 2017 [2017] EWCA Civ 30; [2017] Bus LR 1239; [2017] 2 BCLC 260; [2017] WLR (D) 38, CA

  Subsequent considerations : 1 positive; 1 neutral; most recently considered: 2025. Subsequent citations: 6.
  COMPANY — Winding up — Directions

  COMPANY — Register — Restoration to register
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  Case index catchwords

  COMPANY — Winding up — Directions — Company restored to register — Directions to be made in conjunction with restoration — Claimant seeking directions for the bringing of a winding up petition — Whether appropriate to give directions sought

  COMPANY — Register — Restoration to register — Company restored to Register of Companies after being struck off— Third party seeking direction preventing limitation period from running while company struck off so as to enable him to bring claim— Proper test for granting direction— Whether appropriate to give direction sought— Companies Act 2006 (c 46), ss 1029(1), 1032(3)

  3 Case(s) considered

  1 Statute considered

• Deutsche Bank AG v CIMB Bank Berhad

  25 May 2017 [2017] EWHC 1264 (Comm); [2017] Bus LR 1671; [2017] 2 CLC 155; [2017] WLR (D) 368, QBD (Blair J)

  Subsequent citations: 1.
  BANKING — Letter of credit — Payment
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  Case index catchwords

  BANKING — Letter of credit — Payment — Confirming bank claiming to have paid beneficiary under letters of credit and seeking reimbursement from issuing bank — Issuing bank refusing to accept statement alone and making request for further information putting confirming bank to proof of payments to beneficiary — Whether issuing bank required to accept statement by confirming bank that it had paid beneficiary or entitled to proof of payment to beneficiary — Whether further information to be ordered — CPR r 18.1 — Uniform Customs and Practice for Documentary Credits (2007 rev), art 7(c)

  BANKING — Letter of credit — Payment — Confirming bank claiming to have paid beneficiary under letters of credit and seeking reimbursement from issuing bank — Issuing bank refusing to accept statement alone and making request for further information putting confirming bank to proof of payments to beneficiary — Whether issuing bank required to accept statement by confirming bank that it had paid beneficiary or entitled to proof of payment to beneficiary — Whether further information to be ordered — CPR r 18.1 — Uniform Customs and Practice for Documentary Credits (UCP 600) (2007 rev), arts 2, 7(c)

  2 Case(s) considered

  1 Statutory Instrument considered

  1 Standard Form considered

• Fehily v Atkinson

  01 Dec 2016 [2016] EWHC 3069 (Ch); [2017] Bus LR 695; [2016] WLR (D) 643, Ch D (Stephen Jourdan QC)

  Subsequent citations: 1.
  BANKRUPTCY — Voluntary arrangement — Mental capacity
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  Case index catchwords

  BANKRUPTCY — Voluntary arrangement — Mental capacity — Proper test for determining whether person having capacity to enter into arrangement

  4 Case(s) considered