Results: 91

• Santander Consumer (UK) plc v Chaudhry

  31 Jan 2024 [2024] EWHC 170 (KB); [2024] Bus LR 1094; [2024] RTR 33; [2024] WLR(D) 48, KBD (Freedman J)

  CONSUMER PROTECTION — Contract — Credit
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  CONSUMER PROTECTION — Contract — Credit — Repossession of goods — Police lawfully seizing and impounding vehicle leased to debtor under conditional sale agreement — Police releasing vehicle to creditor — Creditor alleging debtor had breached agreement and refusing to return vehicle to her — Whether creditor’s recovery of possession “from the debtor” and therefore in breach of requirement to obtain court order — Consumer Credit Act 1974 (c 39), s 90

  2 Case(s) considered

  1 Statute considered

• Merricks v Mastercard Inc

  17 Oct 2024 [2024] CAT 57; [2024] Bus LR 1830; [2024] WLR(D) 446, CAT (Roth J (Acting President))

  Subsequent citations: 7.
  COSTS — Discretion as to costs — Competition Appeal Tribunal
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  COSTS — Discretion as to costs — Competition Appeal Tribunal — Whether general rule that unsuccessful party should pay costs of successful party — Circumstances making it appropriate to consider issue-based order — Proper approach to making order — Competition Appeal Tribunal Rules (SI 2003/1372), r 104

  COSTS — Discretion as to costs — Competition Appeal Tribunal — Whether general rule in tribunal that unsuccessful party pay costs of successful party — Circumstances making it appropriate to consider issue-based award of costs — Proper approach to awarding costs on issue basis — Competition Appeal Tribunal Rules 2015 (SI 2015/1648), r 104

  2 Case(s) considered

  2 Statutory Instruments 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

• In re Cine-UK Ltd (Crown Estate Comrs v Cine-UK Ltd, In re Cineworld Cinemas Ltd, In re Cineworld Cinema Properties Ltd, In re Cineworld Estates Ltd)

  30 Sep 2024 [2024] EWHC 2475 (Ch); [2024] Bus LR 1944; [2025] 1 All ER (Comm) 1052; [2025] 2 BCLC 491; [2024] WLR(D) 418, Ch D (Miles J)

  Subsequent citations: 5.
  COMPANY — Reorganisation of debt — Company in financial difficulty
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  COMPANY — Reorganisation of debt — Company in financial difficulty — Landlords granting companies rent concessions in return for companies undertaking not to seek further compromise of liabilities under leases — Companies subsequently seeking court’s sanction for restructuring plans — Landlords applying for injunction to exclude leases from restructuring plans on basis of negative covenants contained in undertakings — Whether court having jurisdiction to compromise negative covenants — Whether appropriate to exercise equitable jurisdiction to enforce negative covenant excluding particular creditors — Whether departure from pari passu principle justified — Companies Act 2006 (c 46), ss 901C, 901F, 901G

  COMPANY — Reorganisation of debt — Company in financial difficulty — Landlords granting companies rent concessions in return for companies undertaking not to seek further compromise of liabilities under leases — Companies subsequently seeking court’s sanction for restructuring plans — Whether landlords entitled to injunction to exclude leases from plan — Correct approach to consideration of issues relating to undertaking — Whether proper to depart from pari passu distribution that would apply in relevant alternative — Whether scheme to be sanctioned notwithstanding undertaking — Companies Act 2006 (c 46), s 901G

  2 Case(s) considered

  1 Statute considered
• Bundesarbeitskammer v HDI Global SE (A v MS Amlin Insurance SE)

  29 Jul 2024 (Case C-771/22); (Joined Cases C-771/22 and C-45/23); EU:C:2024:644; [2024] Bus LR 1629; [2024] WLR(D) 389, ECJ (President of Chamber A Prechal,President of Court, acting as Judge of Second Chamber K Lenaerts,Judges F Biltgen, J Passer, ML Arastey Sahún, Advocate General L Medina)

  Subsequent considerations : 1 neutral; most recently considered: 2025. Subsequent citations: 1.
  EUROPEAN UNION — Reference for a preliminary ruling — Directive EU 2015/2302

  CONSUMER PROTECTION — Package travel contract — Changes to contract
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  EUROPEAN UNION — Reference for a preliminary ruling — Directive EU 2015/2302 — Package travel and linked travel arrangements — Article 12 — Right to terminate a package travel contract — Entitlement to a full refund of any payments made for the package — Unavoidable and extraordinary circumstances — COVID-19 pandemic — Article 17 — Insolvency of the travel organiser — Security for the refund of all payments made — High level of consumer protection — Principle of equal treatment

  CONSUMER PROTECTION — Package travel contract — Changes to contract — Insolvency protection for packages — Traveller terminating package travel contract because of unavoidable and extraordinary circumstances — Travel organiser company subsequently entering insolvency without refunding payments made by traveller — Whether legislative provision conferring security on travellers against organiser’s insolvency extending to termination of package travel contract because of unavoidable and extraordinary circumstances — Parliament and Council Directive (EU) 2015/2302, arts 12(2), 17(1)

  1 EU Enactment considered

• Gutmann v Apple Inc

  12 Mar 2024 [2024] CAT 18; [2024] Bus LR 1080; [2024] WLR(D) 129, CAT (Justin Turner KC, Jane Burgess, Derek Ridyard)

  16 Apr 2025 [2025] EWCA Civ 459; [2025] Bus LR 1292; [2025] 2 All ER (Comm) 934; [2025] WLR(D) 225, CA (Sir Julian Flaux C, Green, Birss LJJ)

  Subsequent considerations : most recently considered: 2025. Subsequent citations: 11.
  COMPETITION — Competition Appeal Tribunal — Collective proceedings order
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  COMPETITION — Competition Appeal Tribunal — Collective proceedings order — Litigation funding agreement providing for payment of funder’s fee from award of damages ahead of class members — Whether permissible for class representative to enter into agreement — Whether Competition Appeal Tribunal having power to award funder’s fee from damages — Whether agreement fair and in interests of class — Competition Act 1998 (c 41), s 47C(3) — Competition Appeal Tribunal Rules 2015 (SI 2015/1648), r 78

  COMPETITION — Competition Appeal Tribunal — Collective proceedings order — Litigation funding agreement providing for payment of funder’s fee from award of damages ahead of class members — Whether Competition Appeal Tribunal having power to award funder’s fee from damages in priority to class — Competition Act 1998 (c 41), s 47C(3) — Competition Appeal Tribunal Rules 2015 (SI 2015/1648), r 4

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument 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
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  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

• 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

• Various Eateries Trading Ltd v Allianz Insurance plc

  17 Oct 2022 [2022] EWHC 2549 (Comm), KBD (Butcher J)

  16 Jan 2024 [2024] EWCA Civ 10; [2024] Bus LR 810; [2024] 2 All ER (Comm) 414; [2024] WLR(D) 155, CA (Sir Julian Flaux C, Newey, Males LJJ)

  Subsequent citations: 19.
  INSURANCE — Contract — Construction
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  INSURANCE — Contract — Construction

  INSURANCE — Contract — Construction — Claimant operator of restaurant chain seeking indemnity from insurer in respect of Covid-19 business interruption losses — Policy providing that losses arising from or attributable to or in connection with single occurrence aggregated and subject to limit of liability — Whether initial human infections in China or introduction of Covid-19 into UK satisfying requirements of aggregation clause — Whether either occurrence too remote to be relevant to claimant’s losses — Principles applicable to remoteness in aggregation — Whether limit of liability applying to entire business or to each insured premises separately — Whether losses occurring after period of insurance recoverable if covered event occurring within that period

  3 Case(s) considered

• Terna Energy Trading doo v Revolut Ltd

  12 Jun 2024 [2024] EWHC 1419 (Comm); [2024] Bus LR 1401; [2025] 2 All ER 525; [2025] 1 All ER (Comm) 941; [2024] WLR(D) 269, KBD (Judge Paul Matthews)

  Subsequent citations: 6.
  RESTITUTION — Unjust enrichment — Ingredients of claim
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  RESTITUTION — Unjust enrichment — Ingredients of claim — Fraudster inducing claimant to make international transfer of funds to account at defendant electronic money institution — Fraudster immediately dissipating funds — Claimant bringing claim in unjust enrichment against defendant — Whether defendant enriched despite being required to keep customer funds in segregated account — Whether in absence of direct dealings between parties defendant enriched at claimant’s expense

  1 Case considered