Selected notable cases conducted in the commercial, business and general litigation fields
Private Car Services v K [2010] Feb, Central London County Court
(Chauffeur of a celebrity; restraint of trade, whether covenant enforceable, whether damages for “reflected loss” being claimed, whether s. 2 of the Competition Act 1998 applicable, whether an account of profits available in a claim for breach of contract).
Whiteaway Laidlaw Bank v R [2009]11 August, Bankruptcy Registry, Birmingham.
(Insolvency. Successful defence to Petition on the basis of : (a) an arguable breach of section 86C of the Consumer Credit Act 1974, (b) triable issues of fraud and (c) a mis-statement in the Petition about security; whether "security" in rule 6.25 of the Insolvency Rules 1986 includes an arguably valueless Legal Charge; whether "running-account credit" can arise by implication where overdraft facilities are extended retrospectively ).
GMC Collections v Singh [2009] CLCC, 28th July (HH Judge Collins CBE)
(Re-litigation, consumer credit, improper execution, issue estoppel, abuse of process, Johnson v Gore-Wood, limitation period for allegations of improper execution, successful strike-out application).
G v Metropolitan Police Commissioner [2009] Central London County Court, 12th June
(Policeman; disciplinary proceedings which were wrongly brought; Policeman mentally ill; wrong diagnosis by Doctors; MPC's duty of care to policeman; definition of duty of care; whether non-delegable; successfully resisted MPC's strike-out application).
Manning v Her Majesty's Revenue & Customs [2009] 6th January
(Bankruptcy Petition based on agreement to pay tax; allegation by client debtor that agreement procured by threat by HMRC to extend investigation over another 8 years of trading; need for trial; Petition dismissed with costs against HMRC).
Talley Group v NHS [2008] December.
(NHS Trust; £1 million contract for supply of pressure mattress systems; threatened withdrawal by Trust; I negotiated with the Trust to rescind their withdrawal; settled case within 48 hours of dispute erupting).
Greenergy SA v Memphis Biofuels LLC [2008] EWHC (Commercial Court) 2nd Sept
(Conflict of laws; supply of biofuel from the USA; service out of the jurisdiction; CPR Part 6 r. 20(5); whether e-mail contract made in England or Tennessee; convenience of forum; material non-disclosure in ex parte application; Proper Law of the contract; Rome Convention; )
Snopek v Urang Ltd [2008] EWHC 1213 (Ch), Lawtel 23rd May
(Insolvency; construction dispute; appeal against bankruptcy order; interaction of bankrputcy jurisdiction and CPR Part 23.11; abuse of process; circumvention of rule in Heath v Tang)
Dr T.S Goel v R. Pick (Trustee in Bankruptcy) [2007] 1 All ER 982; [2006] BPIR 827.
(Insolvency; assignment of choses in action; disposition of property; number plates; preferences; purported transfer of vehicle registration mark; ownership of mark; s.340 Insolvency Act 1986; Retention of Registration Marks Regulations (1993))
GE Capital Bank Ltd v Rushton & Jenking [2006] 1 WLR 899, Court of Appeal
(Consumer Law; Sale of Goods; Hire Purchase Act 1964; title to goods; protection of private purchasers; meaning of "carrying on a business;" single commercial venture; bona fide purchaser without notice)
R (Energy Financing Team Ltd) v Serious Fraud Office, GML International Ltd (Interested Party) [2005] All ER 285, Divisional Court
(Foreign proceedings, international fraud, mutual assistance, SFO, search warrants far wider than overseas request, judicial review, specificity of warrant, s.2 Criminal Justice Act 1987, ECHR, formal Guidance from Divisional Court)
Shah v Lamberts Solicitors [2004] All ER (D) 66
(Insolvency, costs, IA 1986, s. 366, lien for unpaid fees)
Di Placito v Slater [2004] 1 WLR 1605, Court of Appeal
(application of CPR to modification of undertaking; relevant test)
Di Placito v Slater [2003], Lawtel 24th March
(Strike out for breach of undertaking, abuse of process, extension of time)
Hill Samuel Personal Finance v Grundy [2002] CL Aug
(CPR Part 51.19, automatic stay, strike out)
Leheny v Allied Irish Bank [1999] BPIR
(Appeal against Bankruptcy Order, equitable set-off, sale at undervalue by mortgagee, s. 267 Insolvency Act 1985)
Barclays Bank v Clifton [1998] BPIR 566
(personal insolvency; mortgage fraud; agency; setting aside statutory demand, nature of appeal to single Judge of the Chancery Division.)
Hurstanger Ltd v Ricketts [1998] CCLR 5
(following FNB v Ann, strike out/limitation period for extortionate credit bargain claim/issue estoppel/abuse of process)
Popat v Shonchhatra [1997] 1 WLR 1367, Court of Appeal
(division of post-dissolution partnership profits)
First National Bank v Ann [1998] CCLR 1
(limitation period for extortionate credit bargain claim)
Re Jayham Ltd [1995] 2 BCLC 455
(Restoration to Companies Register/s.653 Companies Act 1985)
S v W [1995] 1 FLR 862, Court of Appeal
(a leading case on s. 11 of the Limitation Act 1980; action for damages for childhood sexual abuse/limitation)
Doble v Haymills [1988] The Times, 5th July, Court of Appeal, [1988] Sol Jo 1063
(writ extension) |
