Results: 80

• Spire Healthcare Ltd v Royal & Sun Alliance Insurance Ltd

  10 Dec 2020 [2020] EWHC 3299 (Comm); [2021] Bus LR 366; [2020] WLR(D) 691, QBD (Judge Pelling QC sitting as a High Court judge)

  11 Jan 2022 [2022] EWCA Civ 17; [2022] Bus LR 170; [2022] WLR(D) 23, CA (Underhill, Bean, Andrews LJJ)

  18 Oct 2022 (appn dis) [2023] Bus LR 12, SC(E) ( Lord Hodge DPSC, Lord Hamblen, Lord Stephens JJSC)

  Subsequent citations: 5.
  INSURANCE — Contract — Construction
  Expand

  Case index catchwords

  INSURANCE — Contract — Construction — Surgeon working at claimant’s hospital performing operations negligently on first group of patents and carrying out unnecessary surgical procedures on second — Groups bringing proceedings against claimant — Claimant seeking indemnity from defendant insurer following settlement of claims — Policy containing aggregation clause in respect of claims consequent on or attributable to one source or original cause — Whether each group of claims consequent on or attributable to one source or original cause — Whether claims to be aggregated

  INSURANCE — Contract — Construction — Surgeon working at claimant’s hospital performing operations negligently on first group of patents and carrying out unnecessary surgical procedures on second — Groups bringing proceedings against claimant — Claimant seeking indemnity from defendant insurer following settlement of claims — Policy containing aggregation clause in respect of claims consequent on or attributable to one source or original cause — Whether each group of claims consequent on or attributable to one source or original cause — Whether claims to be aggregated

  3 Case(s) considered

• Chelluri v Air India Ltd

  21 Dec 2021 [2021] EWCA Civ 1953; [2022] Bus LR 286; [2022] 2 All ER (Comm) 172; [2022] 2 Lloyd's Rep 57; [2021] WLR(D) 642; The Times, 23 February 2022, CA (Sir Geoffrey Vos MR, Coulson, Stuart-Smith LJJ)

  Subsequent citations: 2.
  AIRCRAFT — Carriage by air — Compensation and assistance to passengers
  Expand

  Case index catchwords

  AIRCRAFT — Carriage by air — Compensation and assistance to passengers — Claimant making single booking for four connecting flights starting from USA and ending in India — Third leg of journey from UK airport departing more than 48 hours after scheduled departure time — Whether journey to be regarded as comprising one flight or four separate flights — Whether court bound by decision of European Court of Justice — Whether claimant entitled to compensation for delayed third leg — Parliament and Council Regulation (EC) No 261/2004, art 3(1)(a)

  1 Case considered

  1 EU Enactment considered

• National Investment Bank Ltd v Eland International (Thailand) Co Ltd

  17 May 2022 [2022] EWHC 1168 (Comm); [2022] Bus LR 747; [2023] 1 Lloyd's Rep 174; [2022] WLR(D) 222, QBD (Foxton J)

  ARBITRATION — Arbitrator — Jurisdiction
  Expand

  Case index catchwords

  ARBITRATION — Arbitrator — Jurisdiction — Defendants serving purported notice of arbitration on claimant and applying for court-appointed arbitrator — Claimant not participating in appointment application — Court granting application and awarding costs in defendants’ favour — Appointment statutorily deemed to have been made with parties’ agreement — Claimant seeking declaration that arbitrator lacking jurisdiction — Whether because of deeming provision claimant taken to have participated in appointment proceedings and therefore precluded from challenging arbitrator’s jurisdiction — Whether declaration to be granted — Whether costs order made in appointment proceedings falling away if notice of arbitration invalid — Arbitration Act 1996 (c 23), ss 18, 72

  1 Case considered

  1 Statute considered

• NDK Ltd v HUO Holding Ltd

  01 Jul 2022 [2022] EWHC 1682 (Comm); [2022] Bus LR 761; [2023] 1 All ER (Comm) 603; [2023] 1 Lloyd's Rep 183; [2022] WLR(D) 289, QBD (Foxton J)

  Subsequent citations: 6.
  ARBITRATION — Award — Challenge to award
  Expand

  Case index catchwords

  ARBITRATION — Award — Challenge to award — Claimant and defendants shareholders in foreign registered special purpose vehicle — Parties entering into shareholder agreement containing arbitration clause — Claimant bringing court proceedings framed solely by reference to special purpose vehicle’s articles of association — Defendants contending proceedings in breach of arbitration clause and obtaining anti-suit relief from arbitral tribunal — Claimant invoking right to challenge award as to tribunal’s “substantive jurisdiction” — Whether grant of anti-suit relief jurisdictional and therefore susceptible to challenge — Whether differences in character between articles of association and shareholders’ contract preventing proceedings being within scope of arbitration clause — Arbitration Act 1996 (c 23), ss 30, 67

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• In re Lehman Brothers International (Europe) Ltd (Grant v FR Acquisitions Corpn (Europe) Ltd)

  11 Oct 2022 [2022] EWHC 2532 (Ch); [2022] Bus LR 1283; [2023] 2 All ER (Comm) 130; [2023] 2 BCLC 104; [2022] WLR(D) 407, Ch D (Hildyard J)

  Subsequent citations: 1.
  CONTRACT — Construction — Derivative agreements
  Expand

  Case index catchwords

  CONTRACT — Construction — Derivative agreements — Company’s entry into administration giving rise to event of default under swap transactions — Event of default entitling company’s counterparties to suspend payment obligations while event “continuing” — Administrators concluding substantial surplus likely to remain in estate after payment of debts and promulgating scheme of arrangement to compromise outstanding legal proceedings — Scheme receiving court’s sanction in England and recognition in United States of America — Administrators preparing to finalise administration and return company to directors’ control as going concern — Whether because of permanent alteration of creditors’ rights administration “continuing” for purposes of suspensory provision even after termination of administrators’ appointment — Whether scheme promulgated by administrators “arrangement” and therefore event of default separate from administration — Whether foreign recognition of scheme “arrangement” — Whether following discharge of administration suspensory provision falling away and counterparties obliged to pay company sums owing under swaps — ISDA 1992 Master Agreement (Multicurrency – Cross Border), ss 2(a)(iii), 5(a)(vii) — ISDA 2002 Master Agreement (Multicurrency – Cross Border), ss 2(a)(iii), 5(a)(vii)

  2 Standard Forms considered

• Salt Ship Design AS v Prysmian Powerlink SRL

  24 Dec 2021 [2021] EWHC 3583 (Comm); [2022] Bus LR 238; [2022] WLR(D) 27, QBD (Jacobs J)

  Subsequent citations: 1.
  CONFIDENTIAL INFORMATION — Breach of confidence — Trade secrets
  Expand

  Case index catchwords

  CONFIDENTIAL INFORMATION — Breach of confidence — Trade secrets — Claimant contractually engaged to carry out design work for defendant — Defendant passing claimant’s design documents to rival designer and contracting construction of vessel based on rival’s design work — Judgment finding defendant breached parties’ contract and equitable duties of confidence — Claimant applying for publicity order requiring defendant to publicise judgment on its website — Factors relevant to making of publicity order — Whether application to be granted — Trade Secrets (Enforcement, etc) Regulations 2018 (SI 597/2018), reg 18 — Parliament and Council Directive 2016/943, recital (31), art 15

  1 Case considered

  1 EU Enactment considered

  1 Statutory Instrument considered

• Bundesverband der Verbraucherzentralen und Verbraucherverbände—Verbraucherzentrale Bundesverband eV v TC Medical Air Ambulance Agency GmbH

  29 Sep 2022 (Case C-633/20); EU:C:2022:733; [2022] Bus LR 1150; [2022] WLR(D) 386, ECJ (President of Chamber A Arabadjiev,President of Court, acting as Judge of First Chamber K Lenaerts, Vice-President of Court L Bay Larsen, Judges PG Xuereb, A Kumin, Advocate General M Szpunar)

  FINANCIAL SERVICES — Insurance — Insurance intermediary

  EUROPEAN UNION — Reference for a preliminary ruling — Freedom of establishment and freedom to provide services
  Expand

  Case index catchwords

  FINANCIAL SERVICES — Insurance — Insurance intermediary — Defendant entering into group insurance policy and offering consumers membership of policy in return for payment — Whether defendant’s activity constituting “insurance mediation” and/or “insurance distribution” — Whether payment made by consumer constituting “remuneration” — Whether defendant “insurance intermediary” — Parliament and Council Directive 2002/92/EC, art 2(3), (5) — Parliament and Council Directive (EU) 2016/97, art 2(1)(1)(3)(8)

  EUROPEAN UNION — Reference for a preliminary ruling — Freedom of establishment and freedom to provide services — Single market in insurance — Directive 2002/92/EC — Definition of 'insurance intermediary' — Activity of 'insurance mediation' — Directive EU 2016/97 — Activity of 'distribution of insurance' — Scope of those directives — Membership of a group insurance policy — Assignment of rights under the insurance contract — Insurance benefits in the event of sickness or accident abroad — Remuneration paid by the member in consideration for the insurance cover acquired — Consumer protection — Equal treatment of insurance intermediaries

  2 EU Enactments considered
• Khan v Singh-Sall

  21 Jul 2022 [2022] EWHC 1913 (Ch); [2022] Bus LR 1045; [2022] WLR(D) 341, Ch D (David Mohyuddin QC sitting as a deputy High Court judge)

  06 Oct 2023 [2023] EWCA Civ 1119; [2024] Bus LR 79; [2023] WLR(D) 406, CA (Lewis, Nugee, Snowden LJJ)

  01 Feb 2024 Permission to appeal to Supreme Court refused

  Subsequent considerations : 1 positive; most recently considered: 2022. Subsequent citations: 5.
  BANKRUPTCY — Order — Annulment

  BANKRUPTCY — Order — Jurisdiction
  Expand

  Case index catchwords

  BANKRUPTCY — Order — Annulment — Court having discretion to annul bankruptcy order that ought not to have been made — Whether absent exceptional circumstances court obliged to exercise discretion — Whether if order annulled time deemed to have run for limitation purposes on creditor claims during bankruptcy period — Whether running of time factor to be taken into account on exercise of discretion — Insolvency Act 1986 (c 45), s 282(1)(a)

  BANKRUPTCY — Order — Jurisdiction — Court making bankruptcy order despite petition debt being secured and disputed — Whether court lacking jurisdiction to make order — Whether absent exceptional circumstances court obliged to annul order that ought not to have been made — Insolvency Act 1986 (c 45), ss 267(2), 269(1), 282(1)(a)

  5 Case(s) considered

  1 Statute considered

• Patisserie Holdings plc v Grant Thornton UK LLP

  10 Nov 2021 [2021] EWHC 3022 (Comm); [2022] Bus LR 1; [2021] WLR(D) 573, QBD (Moulder J)

  Subsequent citations: 3.
  PRACTICE — Disclosure — Business and Property Courts
  Expand

  Case index catchwords

  PRACTICE — Disclosure — Business and Property Courts — Defendant complaining claim insufficiently particularised — Claimants applying for disclosure of documents prior to extended disclosure to enable particularisation — Court having power to order disclosure if necessary to enable party to understand case — Whether application within scope of power — Whether parties’ agreement that documents disclosable in due course allowing court to make early extended disclosure — Whether appropriate to make order pursuant to general case management power or court’s inherent jurisdiction — CPR r 3.1(2)(m), PD 51U, paras 5.11, 9.4

  1 Case considered

  1 Statutory Instrument considered

• In re Waterside Nursery Ltd

  16 Feb 2022 [2022] EWHC 327 (Ch); [2022] Bus LR 409; [2022] 2 BCLC 666; [2022] WLR(D) 117, Ch D (Falk J)

  COMPANY — Shares — Share warrants to bearer
  Expand

  Case index catchwords

  COMPANY — Shares — Share warrants to bearer — Arrangements for conversion and cancellation of warrants — Bearer having right to surrender warrants within limited period after which company required to apply to court for cancellation of warrants and shares — Court required either to make order if satisfied bearer notified of right of surrender or make suspended order if not so satisfied — Company making application outside prescribed time limit without having complied with obligation to notify bearer of right of surrender — Whether court having jurisdiction to make order — Small Business, Enterprise and Employment Act 2015 (c 26), Sch 4, paras 5(2), 6(1)(2)

  1 Statute considered