The Law Reports (Chancery Division)
[2007] Ch 197
Chancery Division
Meretz Investments NV and another v ACP Ltd and others
[2006] EWHC 74 (Ch)
2005 Dec 1–
2,
5–
9,
12–
16,
19–
21;
2006 Jan 30
2006 Jan 30
Lewison J
Estoppel
— Per rem judicatam
— Cause of action estoppel
— Claims for breach of contract
— Previous actions concerning same contracts
— Whether claimants able to allege in subsequent proceedings that same incident amounting to breach of different obligation under same contracts
— Whether abuse of process to advance arguments which could have been raised in previous actions
Mortgage
— Sale by mortgagee
— Mortgagee's duty
— Mortgagee exercising power of sale of development lease in order to realise security
— Whether improper purpose
— One of mortagagee's purposes to recover debt due
— Whether mortgagee requiring purity of purpose in order for sale to be valid
Tort
— Cause of action
— Conspiracy
— Unlawful means conspiracy
— Unlawful interference with business and contractual relations
— Second claimant granting development lease to first defendant
— First defendant granting charge over lease to second defendant
— Defendants involved in sale of lease after taking legal advice
— Defendants aware of existence of contracts and potential consequences for claimants of sale of lease
— Defendants believing actions lawful or harmless to claimants
— Whether mistake of law capable of negating intention to injure or to inflict economic harm
— Whether defendants having necessary intention to injure or inflict harm