Results: 48

• Patel v Mirza

  05 Jul 2013 [2013] EWHC 1892 (Ch); [2013] Lloyd's Rep FC 525; [2013] WTLR 1755; [2013] CN 1169, Ch D (David Donaldson QC)

  29 Jul 2014 [2014] EWCA Civ 1047; [2015] Ch 271; [2015] 2 WLR 405; [2015] 1 All ER 326; [2015] 2 All ER (Comm) 1; [2014] Lloyd's Rep FC 561; [2015] 1 BCLC 256; [2014] WTLR 1567; The Times, 12 August 2014; [2014] WLR (D) 337, CA

  15 Dec 2014 Permission to appeal to Supreme Court given

  20 Jul 2016 [2016] UKSC 42; [2017] AC 467; [2016] 3 WLR 399; [2017] 1 All ER 191; [2016] 2 Lloyd's Rep 300; The Times, 25 August 2016; [2016] WLR (D) 417; Case details, SC(E)

  Subsequent considerations : 9 positive; 7 neutral; 2 negative; most recently considered: 2021. Subsequent citations: 151.
  CONTRACT — Formation — Whether contract concluded

  CONTRACT — Illegality — Enforceability
  Expand

  Case index catchwords

  CONTRACT — Formation — Whether contract concluded — Claimant advancing moneys to defendant for purpose of entering into contract to bet on share price of bank — Whether sums advanced recoverable

  CONTRACT — Illegality — Enforceability — Claimant advancing money to defendant pursuant to agreement to use it for insider dealing — Agreement frustrated by failure to obtain inside information — Claimant seeking repayment of money — Whether claimant’s case relying on illegal agreement — Whether claimant barred from relying on illegal agreement if no part of it carried into effect due to frustration

  CONTRACT — Illegality — Enforceability — Claimant advancing money to defendant pursuant to agreement to use it for insider dealing — Agreement frustrated by failure to obtain inside information — Claimant seeking repayment of money — Circumstances in which claims based on illegality enforceable — Whether claimant entitled to repayment

  6 Case(s) considered

• Loose v Lynn Shellfish Ltd (Le Strange Meakin, Part 20 defendant) (Lynn Shellfish Ltd v Meakin)

  18 Apr 2013 [2013] EWHC 901 (Ch); [2013] CN 597, Ch D (Sir William Blackburne)

  19 Jun 2014 [2014] EWCA Civ 846; [2015] Ch 547; [2015] 2 WLR 643; [2014] WLR (D) 280, CA

  11 Dec 2014 Permission to appeal to Supreme Court given

  13 Apr 2016 (Crown Estate Commissioners intervening) [2016] UKSC 14; [2017] AC 599; [2016] 2 WLR 1126; [2017] 1 All ER 677; [2016] WLR (D) 181; Case details, SC(E) (Lord Neuberger of Abbotsbury PSC, Lord Clarke of Stone-cum-Ebony, Lord Sumption, Lord Carnwath, Lord Hodge JJSC)

  Subsequent citations: 6.
  FISHERY — Several fishery — Foreshore

  FISHERY — Prescriptive private right to take shellfish from foreshore — Whether including foreshore as it existed from time to time up to lowest astronomical tide and former sandbanks
  Expand

  Case index catchwords

  FISHERY — Several fishery — Foreshore — Presumed grant from Crown of private right to take shellfish from foreshore — Dispute between lessee of private fishery and members of public as to seaward extent of private fishery — Extent of foreshore changing over time as result of shifting sands — Whether doctrine of accretion relevant — Whether private fishery extending to foreshore as it existed from time to time — Whether extending to all parts of seabed from time to time exposed at low water — Whether seaward boundary lowest astronomical tide

  FISHERY — Several fishery — Foreshore — Presumed grant from Crown of private right to take shellfish from foreshore — Dispute as to seaward extent of private fishery — Extent of foreshore changing over time as result of shifting sands — Whether doctrine of accretion relevant — Whether private fishery extending to foreshore as it existed so as to include former sandbanks — Whether extending to all parts of seabed from time to time exposed at low water — Whether seaward boundary lowest astronomical tide

  FISHERY — Prescriptive private right to take shellfish from foreshore — Whether including foreshore as it existed from time to time up to lowest astronomical tide and former sandbanks

  12 Case(s) considered

• National Crime Agency v Robb

  23 Dec 2014 [2014] EWHC 4384 (Ch); [2015] Ch 520; [2015] 3 WLR 23; [2015] Lloyd's Rep FC 161; [2015] WLR (D) 1, Ch D (Sir Terence Etherton C)

  Subsequent citations: 12.
  PROCEEDS OF CRIME — Civil recovery — Recovery of assets
  Expand

  Case index catchwords

  PROCEEDS OF CRIME — Civil recovery — Recovery of assets — National Crime Agency seeking recovery of funds in defendant’s bank account — Fund representing recoverable property obtained by defendant through unlawful conduct — Victims of fraud applying for declarations that part of fund belonging to them — Whether victims establishing proprietary claim to fund — Tracing exercise — Principles to be applied — Proceeds of Crime Act 2002 (as amended by Serious Organised Crime and Police Act 2005, s 98(1)), ss 245C, 281

  2 Case(s) considered

  1 Statute considered

• BESTrustees plc v Corbett

  16 Oct 2014 [2014] EWHC 3038 (Ch); [2015] Ch 571; [2015] 3 WLR 787; [2015] WLR (D) 242, Ch D (Birss J)

  Subsequent citations: 1.
  PENSIONS — Pension scheme — Deficiency in assets
  Expand

  Case index catchwords

  PENSIONS — Pension scheme — Deficiency in assets — Employer’s administration triggering liability to trustee of defined benefit pension scheme for shortfall in scheme’s assets — Whether debt to scheme assignable — Whether proposed assignment one into which reasonable and properly advised trustee could enter — Pensions Act 1995, s 75 (as amended by Pensions Act 2004, s 271)

  2 Case(s) considered

  1 Statute considered

• Abbey Forwarding Ltd v Hone (No 3)

  27 May 2014 [2014] EWCA Civ 711; [2015] Ch 309; [2014] 3 WLR 1676; [2014] WLR (D) 236, CA

  Subsequent citations: 23.
  INJUNCTION — Freezing order — Undertaking as to damages
  Expand

  Case index catchwords

  INJUNCTION — Freezing order — Undertaking as to damages — Company liquidator alleging defendants dishonestly or negligently breaching duties owed to company and obtaining freezing orders against them — Orders including standard cross-undertaking to compensate for losses caused by orders — Judge dismissing claims and discharging freezing orders — Inquiry as to damages caused by freezing orders — Judge dismissing most claims for business opportunities losses and awarding general damages — Approach for assessing whether losses arising from inappropriately obtained freezing order recoverable — Whether contractual principles as to remoteness and foreseeability applying — Whether general damages awardable

  9 Case(s) considered

• Akers v Samba Financial Group

  28 Feb 2014 [2014] EWHC 540 (Ch); [2014] CN 346, Ch D (Sir Terence Etherton C)

  04 Dec 2014 [2014] EWCA Civ 1516; [2015] Ch 451; [2015] 2 WLR 1281; [2016] 1 BCLC 657; [2014] WLR (D) 521, CA

  31 Mar 2015 Permission to appeal to Supreme Court given

  01 Feb 2017 [2017] UKSC 6; [2017] AC 424; [2017] 2 WLR 713; [2017] 2 All ER 799; [2017] 2 All ER (Comm) 97; [2017] 1 BCLC 151; [2017] WLR (D) 57; Case details, SC(E)

  Subsequent citations: 32.
  CONFLICT OF LAWS — Jurisdiction — Forum conveniens

  CONFLICT OF LAWS — Jurisdiction — Forum non conveniens

  COMPANY — Winding up — Disposition of property
  Expand

  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction — Forum conveniens — Defendant’s application to stay proceedings — Whether courts of England and Wales or Saudi Arabia appropriate forum

  CONFLICT OF LAWS — Jurisdiction — Forum non conveniens — Shares held on trust for insolvent Cayman Islands company transferred to Saudi Arabian bank — Trusts unlawful in Saudi Arabia — Company’s liquidators seeking declaration that transfer void disposition — Whether Convention relating to trusts and their recognition applying to transfer — Whether England appropriate forum for determining issue — Recognition of Trusts Act 1987, Sch 1, art 4

  COMPANY — Winding up — Disposition of property — Shares in Saudi Arabian banks purportedly held on trust for Cayman Islands company — Saudi Arabia not recognising trusts or division of legal and beneficial interests — Shares transferred to defendant following company’s liquidation — Liquidators seeking declaration that transfer void disposition — Whether trust created and enforceable in respect of assets in jurisdiction not recognising trusts — Whether transfer of shares in breach of trust constituting “disposition of property” — Insolvency Act 1986 (c 45), ss 127, 436

  CONFLICT OF LAWS — Jurisdiction — Forum non conveniens — Shares in Saudi Arabian banks purportedly held on trust for Cayman Islands company — Shares transferred to defendant following company’s liquidation — Saudi Arabia not recognising trusts or division of legal and beneficial interests — Company’s liquidators seeking declaration that transfer void disposition — Whether Convention on law applicable to trusts and their recognition applying to transfer — Recognition of Trusts Act 1987 (c 14), Sch 1, art 4

  6 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• In re Lehman Bros International (Europe) (No 4)

  14 Mar 2014 [2014] EWHC 704 (Ch); [2015] Ch 1; [2014] 3 WLR 466; [2015] 2 All ER 111; [2015] 1 All ER (Comm) 813; [2015] 1 BCLC 151; [2014] WLR (D) 132, Ch D (David Richards J)

  14 May 2015 [2015] EWCA Civ 485; [2016] Ch 50; [2015] 3 WLR 1205; [2016] 2 All ER 836; [2016] 1 All ER (Comm) 1079; [2015] 2 BCLC 433; [2015] WLR (D) 218, CA

  03 Nov 2015 (appn all) [2015] 1 WLR 5234, SC(E)

  17 May 2017 [2017] UKSC 38; [2018] AC 465; [2017] 2 WLR 1497; [2018] 1 All ER 205; [2018] 1 All ER (Comm) 629; [2017] 2 BCLC 149; Case details, SC(E)

  Subsequent considerations : 3 positive; 2 neutral. Subsequent citations: 49.
  INSOLVENCY — Administration — Distribution of assets
  Expand

  Case index catchwords

  INSOLVENCY — Administration — Distribution of assets — Ranking of claims which might be made against available assets of unlimited company after payment of general unsecured unsubordinated creditors — Potential liability of members for liabilities of company — Relationship between liability as members and claims as creditors — Whether claim of subordinated debt holder ranking ahead of or behind statutory interest — Whether claim ranking ahead of or behind foreign currency conversion claims — Whether foreign currency conversion claims payable out of assets — Whether contractual interest provable or statutory interest payable for period of administration if immediately followed by liquidation — Whether members’ liability to contribute in liquidation limited to funds required to pay debts and liabilities proved in liquidation — Whether contributory rule applying in administration — Insolvency Act 1986 (as amended by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings Order 2009, Sch 1, para 75(3)), ss 74, 189 — Insolvency Rules 1986 (as amended by Insolvency (Amendment) Rules 2003, Sch 1, para 9 and Insolvency (Amendment) Rules 2005, r 12), r 2.88(1)(7)

  INSOLVENCY — Administration — Distribution of assets — Ranking of claims which might be made against available assets of unlimited company after payment of general unsecured unsubordinated creditors — Potential liability of members for liabilities of company — Relationship between liability as members and claims as creditors — Whether claim of subordinated debt holder ranking ahead of or behind statutory interest — Whether claim ranking ahead of or behind foreign currency conversion claims — Whether foreign currency conversion claims payable out of assets — Whether contractual interest provable or statutory interest payable for period of administration if immediately followed by liquidation — Whether members’ liability to contribute in liquidation limited to funds required to pay debts and liabilities proved in liquidation — Whether contributory rule applying in administration — Insolvency Act 1986, ss 74(1), 189 — Insolvency Rules 1986 (as amended by Insolvency (Amendment) Rules 2003, Sch 1, para 9 and Insolvency (Amendment) Rules 2005, r 12), r 2.88(1)(7)

  INSOLVENCY — Administration — Distribution of assets — Ranking of claims which might be made against available assets of unlimited company after payment of general unsecured unsubordinated creditors — Potential liability of members for company’s debts — Relationship between liability as members and claims as creditors — Whether claim of subordinated debt holder ranking ahead of or behind statutory interest — Whether claim ranking ahead of or behind foreign currency conversion claims — Whether foreign currency conversion claims payable out of assets — Whether contractual interest provable or statutory interest payable for period of administration if immediately followed by liquidation — Whether members’ liability to contribute in liquidation limited to funds required to pay debts and liabilities proved in liquidation — Whether contributory rule applying in administration — Insolvency Act 1986 (c 45), ss 74(1), 150, 189(2) — Insolvency Rules 1986 (SI 1986/1925) (as amended by Insolvency (Amendment) Rules 2003 (SI 2003/1730), r 5(1), Sch 1, para 9, Insolvency (Amendment) Rules 2005 (SI 2005/527), rr 10, 12 and Insolvency (Amendment) Rules 2010 (SI 2010/686) r 2, Sch 1, paras 83, 195), rr 2.86, 2.88(1)(7), 4.93, 4.195

  12 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• Hardy v Griffiths

  02 Dec 2014 [2014] EWHC 3947 (Ch); [2015] Ch 417; [2015] 2 WLR 1239; [2014] WLR (D) 514, Ch D (Amanda Tipples QC sitting as a deputy judge of the Chancery Division)

  Subsequent citations: 4.
  VENDOR AND PURCHASER — Sale of land — Deposit
  Expand

  Case index catchwords

  VENDOR AND PURCHASER — Sale of land — Deposit — Contract for sale of land providing for deposit of less than 10% — Purchasers’ obligation to pay further deposit equal to balance of 10% deposit on being served with notice to complete — Vendors rescinding contract after purchasers’ failure to comply with notice to complete — Whether rescission of contract precluding recovery of unpaid balance of deposit — Whether vendor entitled to claim rescission and payment of further deposit — Standard Conditions of Sale (4th ed), conds 6.8.3(b), 7.5.2(a)(iii)

  4 Case(s) considered

  1 Standard Form considered
• Swift 1st Ltd v Chief Land Registrar

  31 Jan 2014 [2014] EWHC 4866 (Ch), Ch D (Richard Sheldon QC sitting as deputy judge of the Chancery Division)

  01 Apr 2015 [2015] EWCA Civ 330; [2015] Ch 602; [2015] 3 WLR 239; [2015] WLR (D) 167, CA

  Subsequent considerations : 1 positive. Subsequent citations: 8.
  LAND REGISTRATION — Register — Rectification
  Expand

  Case index catchwords

  LAND REGISTRATION — Register — Rectification — Fraudster executing legal charge to secure loan by impersonating proprietor — Registered proprietor and rightful owner of property in actual occupation at date of forged disposition — Parties agreeing consent order requiring registrar to amend registered title to property by deleting charge in favour of claimant — Claimant seeking indemnity because prejudiced by rectification and suffering loss — Whether alteration of register amounting to rectification — Whether claimant claiming in good faith under forged disposition and suffering loss by reason of rectification as if disposition not forged — Whether claim for indemnity affected by registered proprietor’s overriding interest — Whether claimant entitled to indemnity — Land Registration Act 2002, Schs 4, 8

  3 Case(s) considered

  1 Statute considered
• Salford Estates (No 2) Ltd v Altomart Ltd (No 2)

  08 Dec 2014 [2014] EWCA Civ 1575; [2015] Ch 589; [2015] 3 WLR 491; [2015] BPIR 399; [2015] BCC 306; [2014] WLR (D) 527, CA (Sir Terence Etherton C, Longmore, Kitchin LJJ)

  Subsequent considerations : 1 positive; 1 neutral; 1 negative; most recently considered: 2024. Subsequent citations: 9.
  ARBITRATION — Stay of judicial proceedings — Arbitration agreement

  INSOLVENCY — Winding up — Petition
  Expand

  Case index catchwords

  ARBITRATION — Stay of judicial proceedings — Arbitration agreement — Dispute under lease referred to arbitration — Award in favour of lessor — Lessee company failing to pay amount lessor alleging due as result of award — Lessor presenting winding up petition against lessee company on ground that company unable to pay its debts — Lessee not admitting debt and seeking stay of petition pending further arbitration — Whether winding up petition based on particular debt “claim” — Whether mandatory stay provisions engaged — Arbitration Act 1996, s 9(1)

  INSOLVENCY — Winding up — Petition — Dispute referred to arbitration pursuant to arbitration agreement in lease — Award in favour of lessor — Lessee company failing to pay amount lessor alleging due as result of award — Lessor presenting winding up petition against lessee company on ground that company unable to pay its debts — Company not admitting debt and seeking stay of petition pending further arbitration — Whether company raising dispute requiring referral to arbitration — Whether existence of arbitration agreement making it inappropriate to exercise power to wind up company — Whether petition to be stayed — Insolvency Act 1986, s 122(1)(f)

  3 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered