Results: 75

• Recovery Partners GP Ltd v Rukhadze

  25 Mar 2022 [2022] EWHC 690 (Comm), QBD (Cockerill J)

  21 Mar 2023 [2023] EWCA Civ 305; [2023] Bus LR 646; [2023] WLR(D) 147, CA (Popplewell, Phillips, Falk LJJ)

  06 Sep 2023 (appn all) [2023] Bus LR 1424, SC(E) (Lord Reed PSC, Lord Hamblen, Lord Burrows JJSC)

  31 Jan 2024 Permission for cross appeal to Supreme Court refused

  19 Mar 2025 [2025] UKSC 10; [2025] 2 WLR 529; [2025] Bus LR 610; [2025] 1 Lloyd's Rep 329; [2025] WLR(D) 159, SC(E) (Lord Reed PSC, Lord Hodge DPSC, Lord Briggs, Lord Leggatt, Lord Burrows, Lady Rose, Lord Richards JJSC)

  Subsequent considerations : 1 positive; 1 neutral; most recently considered: 2025. Subsequent citations: 21.
  DAMAGES — Breach of fiduciary duty — Quantum

  EQUITY — Fiduciary duty — Breach
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  DAMAGES — Breach of fiduciary duty — Quantum

  EQUITY — Fiduciary duty — Breach — Account of profits — Defendants breaching fiduciary duties by appropriating business opportunity — Claimants opting to pursue account by way of remedy — Whether amount for which defendants liable to account limited by pre-existing agreement between parties as to division of proceeds of business opportunity and/or claimants’ delay in bringing action — Quantification of equitable allowance for skill exercised by fiduciary

  EQUITY — Fiduciary duty — Breach — Account of profits — Defendants breaching fiduciary duties by appropriating business opportunity — Claimants opting to pursue account by way of remedy — Whether defendants liable to account for profits which would have been made regardless of breach — Whether “but for” test to be applied to account of profits — Whether common law rule on account of profits outdated

  EQUITY — Fiduciary duty — Breach — Fiduciaries breaching fiduciary duties by appropriating business opportunity belonging to principal — Whether fiduciaries under fiduciary duty to account to principal for profits made from breach — Whether duty to account only arising on principal’s demand or court’s order — Whether fiduciaries liable to account for profits which would have been made regardless of breach — Whether “but for” test to be applied

  6 Case(s) considered

• Competition and Markets Authority v Apple Inc

  31 Mar 2023 [2023] CAT 21; [2023] Bus LR 841; [2023] WLR(D) 225, CAT (Sir Marcus Smith (President), Michael Cutting, Anna Walker)

  30 Nov 2023 [2023] EWCA Civ 1445; [2024] Bus LR 289; [2023] WLR(D) 509, CA (Sir Julian Flaux C, Green, Arnold LJJ)

  Subsequent citations: 3.
  COMPETITION — Competition Appeal Tribunal — Market investigations

  COMPETITION — Investigatory powers — Market investigations
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  COMPETITION — Competition Appeal Tribunal — Market investigations — Time limits applying if Competition and Market Authority proposing to make market investigation reference in relation to matter specified in market study notice — Consequences of authority’s failure to comply with time limits — Whether authority free to make stand-alone reference separate from market study — Enterprise Act 2002 (c 40), ss 131, 131A, 131B

  COMPETITION — Investigatory powers — Market investigations — Competition and Markets authority publishing market study notice but going on to decide not to make market investigation reference — Authority subsequently revisiting decision and deciding to exercise discretion to make standalone reference — Whether time limits applying because reference “in relation to the matter” that was specified in market study notice — Enterprise Act 2002 (c 40), ss 130A, 131(1), 131A, 131B

  1 Case considered

  1 Statute considered

• Unicredit Bank AG v Euronav NV

  28 Apr 2022 [2022] EWHC 957 (Comm); [2023] 1 All ER (Comm) 166; [2022] 2 Lloyd's Rep 467, QBD (Moulder J)

  04 May 2023 [2023] EWCA Civ 471; [2023] Bus LR 1391; [2024] 1 All ER (Comm) 36; [2024] 1 Lloyd's Rep 177; [2023] WLR(D) 237, CA (Asplin, Popplewell, Falk LJJ)

  29 Aug 2023 Permission to appeal to Supreme Court refused

  Subsequent citations: 3.
  SHIPPING — Bill of lading — Release of goods without production of

  SHIPPING — Bill of lading — Delivery without documents
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  SHIPPING — Bill of lading — Release of goods without production of — Charterers selling cargo of fuel oil and novating charterparty to buyers without indorsing bill of lading — Cargo discharged without requiring production of bill of lading — Whether bill of lading containing or evidencing contract of carriage

  SHIPPING — Bill of lading — Delivery without documents — Oil company chartering ship to carry cargo — Charterparty allowing for cargo to be discharged without production of bill of lading — Cargo purchaser becoming charterer during voyage following novation agreement — Shipowners discharging cargo without presentation of bill of lading — Oil company subsequently indorsing bill of lading to bank having security interest in cargo — Bank alleging breach of contract of carriage in bill of lading in delivering cargo without production of bill — Status of bill of lading in oil company’s hands after novation of charterparty — Whether bill mere receipt for cargo or containing contract of carriage — Effect of statutory provision transferring rights to sue under contract of carriage to holder of bill of lading — Whether shipowners’ breach causing bank’s loss — Carriage of Goods by Sea Act 1992 (c 50), s 2

  3 Case(s) considered

  1 Statute considered

• 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
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  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

• WM v Luxembourg Business Registers (Sovim SA v Luxembourg Business Registers)

  22 Nov 2022 (Joined Cases C-37/20 and C-601/20); EU:C:2022:912; [2023] Bus LR 611; [2022] WLR(D) 466, ECJ (GC) (President K Lenaerts, Presidents of Chambers A Arabadjiev, A Prechal, K Jürimäe, C Lycourgos, E Regan, M Safjan, PG Xuereb, LS Rossi, Judges S Rodin, F Biltgen, N Piçarra, I Jarukaitis, A Kumin, I Ziemele, Advocate General G Pitruzzella)

  Subsequent citations: 6.
  DATA PROTECTION — Personal data — Access to
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  DATA PROTECTION — Personal data — Access to — EU law requiring certain information relating to beneficial ownership of companies to be accessible to any member of public — Whether requirement infringing beneficial owners’ rights to respect for private and family life and protection of personal data — Charter of Fundamental Rights of the European Union, arts 7, 8 — Parliament and Council Directive (EU) 2015/849, art 30(5)

  3 Case(s) considered

  2 EU Enactments considered

• Decision Inc Holdings Proprietary Ltd v Garbett

  16 Mar 2023 [2023] EWHC 588 (Ch); [2023] Bus LR 951; [2023] WLR(D) 138, Ch D (Simon Gleeson sitting as a deputy High Court judge)

  03 Nov 2023 [2023] EWCA Civ 1284; [2024] Bus LR 719; [2024] 2 All ER 581; [2023] 2 All ER (Comm) 800; [2024] 1 All ER (Comm) 431; [2023] WLR(D) 452, CA (Newey, Asplin, Baker LJJ)

  27 Feb 2024 Permission to appeal to Supreme Court refused

  Subsequent citations: 1.
  CONTRACT — Construction — Warranty

  PRACTICE — Judgment — Pleadings
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  CONTRACT — Construction — Warranty — Agreement warranting accuracy of company’s financial and other records and absence of material adverse change in its turnover and prospects — Whether warranty extending to all records created by company in course of conduct of its operations — Proper approach to establishing whether turnover and/or prospects warranty breached — Correct test of materiality — Relevance of short-term interruption in earnings — Whether warranties breached

  CONTRACT — Construction — Warranty — Agreement warranting accuracy of company’s financial and other records and absence of material adverse change in its turnover and prospects — Proper approach to establishing whether turnover and/or prospects warranty breached — Whether judge erring in focussing on expectation that a reasonable buyer would have had — Whether warranties breached

  PRACTICE — Judgment — Pleadings — Judgment failing to reflect basis on which case pleaded — Judge ultimately holding contractual warranty breached on different basis to that put by claimant in notice of claim, pleadings and submissions — Judge failing to raise new basis of claim during trial — Whether defendant having fair opportunity to address basis on which judge holding warranty breached — Whether appropriate for judge to introduce new basis of claim in judgment

  CONTRACT — Construction — Warranty — Parties entering into agreement for sale and purchase of company — Agreement warranting absence of material adverse change in company’s prospects — Seller’s liability for breach of warranty excluded unless buyer’s notice of claim stating amount claimed — Proper approach to establishing whether prospects warranty breached — Whether seller’s liability excluded if buyer giving omnibus figure in notice of claim rather than amount claimed for each breach — Whether in circumstances possible for buyer to give amount for each breach

  6 Case(s) considered

• In re Peak Hotels and Resorts Ltd (Candey Ltd v Crumpler)

  15 Feb 2019 [2019] EWHC 282 (Ch); [2019] Bus LR 1901; [2019] WLR(D) 130, Ch D (Andrew Hochhauser QC sitting as a deputy High Court judge)

  23 Jan 2020 [2020] EWCA Civ 26; [2020] Bus LR 1452; [2020] WLR(D) 40, CA (McCombe, Moylan, Rose LJJ)

  29 Mar 2021 (appn all) [2021] Bus LR 1107, SC(E) (Lord Briggs, Lord Leggatt, Lord Stephens JJSC)

  21 Dec 2022 [2022] UKSC 35; [2023] 1 WLR 342; [2023] Bus LR 191; [2023] 2 All ER 527; The Times, 9 January 2023, SC(E) (Lord Reed PSC, Lord Briggs, Lord Kitchin, Lord Hamblen, Lord Stephens JJSC)

  Subsequent citations: 8.
  SOLICITOR — Order for costs — Success fee

  SOLICITOR — Costs — Lien
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  SOLICITOR — Order for costs — Success fee — Proceedings brought by liquidator — Court recognising foreign liquidation as foreign main proceeding — Foreign representatives bringing application — Court making costs order against foreign representatives in respondent’s favour — Whether success fee to be paid by respondent to its solicitors recoverable from foreign representatives as part of costs order — Whether in bringing proceedings foreign representatives acting in capacity of liquidator of company being wound up in England and Wales — Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No 5 and Saving Provision) Order 2013 (SI 2013/77), art 4(c)

  SOLICITOR — Costs — Lien — Solicitors asserting equitable lien over sum recovered by client in litigation — Client’s liquidators contending lien inconsistent with new security arrangement entered into with client and therefore waived — Lower threshold for inferring intention to waive on part of solicitor than that applicable to other lien holders — Whether lower threshold applying where client advised by solicitor to take independent legal advice before entering into new security arrangement — Whether arrangement inconsistent with lien — Whether lien no longer enforceable — Solicitors Act 1974 (47), s 73

  SOLICITOR — Costs — Lien — Solicitors asserting equitable lien over sums recovered by client in litigation — Whether solicitors having waived equitable lien by entering into new security for their fees — Solicitors Act 1974 (c 47), s 73

  6 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• In re Bitumina Industries Ltd (Manning v Neste AB)

  12 Oct 2022 [2022] EWHC 2578 (Ch); [2023] Bus LR 1136; [2023] 1 BCLC 465; [2023] WLR(D) 257, Ch D (Simon Gleeson sitting as a deputy High Court judge)

  Subsequent citations: 1.
  INSOLVENCY — Adjustment of prior transactions — Floating charge
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  INSOLVENCY — Adjustment of prior transactions — Floating charge — Company entering into agreement with director to buy shares in return for loan notes secured by floating charge — Director transferring shares and company granting charge on same day several months after execution of agreement — Company subsequently going into administration — Floating charge granted to person connected with company prior to its insolvency prima facie invalid — Whether charge granted to director created for “consideration” consisting of “money paid, or goods or services” supplied and therefore exempt from invalidation — Insolvency Act 1986 (c 45), s 245(2)

  1 Case considered

  1 Statute considered
• In re Great Annual Savings Co Ltd

  16 May 2023 [2023] EWHC 1141 (Ch); [2023] Bus LR 1163; [2023] 2 BCLC 278; [2023] WLR(D) 232, Ch D (Adam Johnson J)

  Subsequent considerations : 1 positive; 1 neutral; most recently considered: 2025. Subsequent citations: 9.
  COMPANY — Reorganisation of debt — Company in financial difficulties
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  COMPANY — Reorganisation of debt — Company in financial difficulties — Company seeking court’s sanction of restructuring plan — Court having jurisdiction to sanction plan even if not agreed by requisite majority of plan creditors — Exercise of jurisdiction dependent on court being satisfied no member of dissenting class would be worse off if plan sanctioned than under relevant alternative — Expert evidence put forward by proposer of plan indicating requirement satisfied — Dissenting creditor not adducing expert evidence to contrary — Whether court obliged to accept proposer’s evidence — Companies Act 2006 (c 46), s 901G

  2 Case(s) considered

  1 Statute considered
• Philipp v Barclays Bank UK plc

  18 Jan 2021 [2021] EWHC 10 (Comm); [2021] Bus LR 451; [2021] WLR(D) 60, QBD (Judge Russen QC sitting as a High Court judge)

  14 Mar 2022 [2022] EWCA Civ 318; [2022] QB 578; [2022] 2 WLR 872; [2022] Bus LR 353; [2022] WLR(D) 121, CA (Sir Julian Flaux C, Coulson, Birss LJJ)

  27 Oct 2022 (appn all) [2023] 1 WLR 395; [2023] Bus LR 13, SC(E) (Lord Hodge DPSC, Lord Leggatt, Lady Rose JJSC)

  12 Jul 2023 [2023] UKSC 25; [2024] AC 346; [2023] 3 WLR 284; [2023] Bus LR 1269; [2023] 4 All ER 847; [2024] 1 All ER (Comm) 1; [2023] 2 Lloyd's Rep 125; [2023] WLR(D) 305, SC(E) (Lord Reed PSC, Lord Hodge DPSC, Lord Sales, Lord Hamblen, Lord Leggatt JJSC)

  Subsequent considerations : 1 neutral; most recently considered: 2022. Subsequent citations: 26.
  BANKING — Duty of care — Execution of customer’s orders
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  BANKING — Duty of care — Execution of customer’s orders — Fraudster inducing claimant to make authorised push payments from her account with defendant bank to overseas accounts — Whether bank having duty to protect claimant from consequences of payments willingly made but induced by fraud

  BANKING — Duty of care — Execution of customer’s orders — Fraudster inducing customer to instruct bank to make authorised transfer from account — Bank under duty not to execute instruction when on inquiry that execution might result in misappropriation of customer’s funds — Whether duty only arising where instruction given by customer’s agent — Whether bank arguably in breach of duty owed to customer

  BANKING — Duty of care — Execution of customer’s orders — Fraudster inducing customer to instruct bank to make transfer from account — Whether bank under duty not to execute customer’s instruction if on inquiry that execution could result in misappropriation of customer’s funds — Whether such duty only arising where instruction given by customer’s agent — Whether bank arguably in breach of duty owed to customer

  9 Case(s) considered