Commercial & Property Litigation - Reported & Notable Cases

Commercial & Property Litigation – Reported & Notable Cases

Commercial, business & property litigation

A Charity v B 2025-2026

(claim of negligent design of a swimming pool against an Architect; proceedings never issued with multiple standstill agreements for several years; Marc Beaumont for B asserted pragmatic terms of settlement without admission based on his intuitive evaluation of the profile of the Claimant; claim settled)

A professional golfer v Wells 2024 to 2026

(commercial claim in TCC for damages for fraudulent misrepresentation concerning software invention; negotiation of settlement)

Otto and others v Inner Mongolia Happy Lamb Catering [2025] EWHC 2291 (Ch) and [2025] EWHC 3307 (Ch)

(s.994 unfair prejudice petition; petition poorly pleaded by litigants in person; Marc Beaumont attempted to salvage the claim by revamping the entire pleading; after extensive argument, Marc Beaumont was eventually successful; argument on guideline solicitors rates; unnecessary use of two counsel; )

Waller-Edwards v One Savings Bank plc [2025] UK Supreme Court 22

(Successful appeal to the Supreme Court; female partner entered re-mortgage both to redeem previous borrowing itself obtained by undue influence and to pay off £39,500 of male partner’s personal debts out of an advance of £384,000. At trial, held that the presumption of undue influence arose, but the discharge of the debts of the male party did not place the Bank ‘on inquiry’ in the Royal Bank of Scotland v Etridge sense; application of principles as to constructive notice of undue influence to hybrid loans, which are partly for joint purposes and partly for a husband’s sole purposes; meaning of “surety”; meaning of “on inquiry”; need for a ‘bright line rule’ of universal application; earlier decisions of the CA, High Court and County Court overturned) watch Marc’s advocacy here

Chumber v Singh (2024/2025), County Court at Birmingham.

(C, represented by Marc Beaumont; obtained an ex parte asset freezing injunction to prevent D selling his home in order to defeat future judgment debt; D alleged over 20 heads of material non-disclosure; allegations against C of fraud and other alleged impropriety all dismissed after extensive argument and costs awarded against D).

Yanpolsky v Macmillan and Dow [2024] EWHC 3166 (Ch)

(Unfair prejudice petition under section 994 of the Companies Act 2006; Marc Beaumont acted for the two remaining directors; Allegation of a secret agreement for the return of shares converted from ordinary to deferred status worth just £1.00, by a bad leaver-type clause in the Articles of Association; Petitioner, an outgoing director, shareholder and employee, convicted of computer hacking in a business heavily reliant on its reputation in the IT field; No unfair prejudice for the conversion under the Articles; a much smaller tranche of remaining shares converted to deferred status; held that was unfairly prejudicial; extensive submissions on remedy and costs)

Willoughby v Cole [2024] EWHC 1410 (Ch)

(Unfair prejudice Petition under s.994 Companies Act 2006; Points of Defence contained wide-ranging, historic, irrelevant allegations against P; refusal by respondents to answer CPR Part 18 Request; Marc Beaumont for Petitioner procured the strike out of all historic allegations against P)

Waller-Edwards v One Savings Bank [2024] EWCA Civ 302

Appeal live-streamed on You Tube (permission granted to appeal to Supreme Court)

(Female partner entered re-mortgage both to redeem previous borrowing itself obtained by undue influence and to pay off £39,500 of male partner’s personal debts out of an advance of £384,000. At trial, held that the presumption of undue influence arose, but the discharge of the debts of the male party did not place the Bank ‘on inquiry’ in the Royal Bank of Scotland v Etridge sense. Held on appeal, the Bank was not placed on inquiry of the risk of undue influence when £39,500 of the advance of £384,000 was for the husband’s sole purposes).

Re a solicitor (2023) Sept

(Successfully representing the senior partner in a City of London law firm in an internal partnership dispute).

Waller-Edwards v One Savings Bank [2023] EWHC 2386 (Ch).

(Female partner entered re-mortgage both to redeem previous borrowing itself obtained by undue influence and to pay off £39,500 of male partner’s personal debts out of an advance of £ 384,000. At trial, held that the presumption of undue influence arose, but the discharge of the debts of the male party did not place the Bank ‘on inquiry’ in the Royal Bank of Scotland v Etridge sense. Held on appeal, the Bank was not placed on inquiry of the risk of undue influence when £39,500 of the advance of £ 384,000 was for the husband’s sole purposes).

Gill v Gill (2023) March; Deputy ICC Judge Schaffer.

(Unfair Prejudice Petition under s.994 of the Companies Act 2006; Petitioner represented by Marc Beaumont did not accept open offer based on evidence of single joint experts, as he wished to pursue damages claims within the Petition; Respondents sought to strike out the Petition for abuse of process on an O’Neill v Phillips [1999] UKHL 24 basis; application dismissed).

Weston v H (2023) Master Kaye

(Claim against barrister for failing to advise client not to run forgery defence; client defence of forgery found to be untrue; Barrister raised defence of ex turpi causa non oritur actio and sought to strike out claim as an abuse of process; Marc Beaumont successful in resisting strike out application)

One Savings Bank PLC v Waller-Edwards (2022) December, Bournemouth & Poole County Court

L v T (2022) May

(Defence of claim against Dentist for alleged clinical negligence over many years; limitation issues under ss. 14 and 33 of the Limitation Act 1980; negotiated settlement on excellent terms)

L v O’R (2022) Jan

(Restitution; unjust enrichment; decision of Supreme Court in Investment Trust Companies v Revenue and Customs Commissioners [2018] AC 275 on three party commercial relationships; meaning of, “at the expense of”; successful reverse summary judgment application)

LF v Citibank (2021) Commercial Court

(advice, drafting and representation in claim for an account of missing €10 billion)

G v H (2021) High Court Ch. D.

($14 million alleged investment fraud; asset freezing injunctions)

Image Trade Marks v M (2021)

(Advice and representation at Mediation in claim for £4.4 alleged to have been fraudulently misappropriated)

Plant v El Amir (2020) QBD

(trial of clinical negligence claim; eye surgery)

Plant v El-Amir (2020) QBD,

(Application for asset freezing order in clinical negligence action against an eye surgeon; Marc Beaumont successfully resisted the AFO application)

Alec McFadden v UNITE the Union UKEAT/0147/19 (2019) December (Lavender J) and Court of Appeal (2021) Jan

(Union discipline of union officer; high profile union member and TUC delegate; allegation of indecent assault; first set of proceedings ended in acquittal on appeal to Certification Officer; whether such acquittal raised a cause of action estoppel so as to bar a second set of disciplinary proceedings on the same facts, but based on other provisions of the Union’s rules that could and should have been relied on in first proceedings; held:, acceding to Marc Beaumont’s submissions in the EAT that the Union was estopped from proceeding and the second proceedings were unlawful; decision overturned in CA).

Gulf Air (Bahrain) v A and others (2019) November (Commercial Court, HHJ Pelling QC)

(Claim for $9 Million for alleged conspiracy to defraud through a tender for a contract to supply in flight entertainment; alleged breach of fiduciary duty; knowing assistance in breach of fiduciary duty and knowing receipt of trust funds).

Paull v Paull [2019] 3 May Morgan J

(Contested application for permission to appeal; Marc Beaumont procured refusal of permission)

Paull v Paull [2018] EWHC 2520 (Ch)

(Elderly father transferred his home to his son; subsequent claim of presumed undue influence brought in the High Court; claim successful; Marc Beaumont exercised his conduct of litigation rights and conducted the case from start to finish, exercising all the functions of barrister and solicitor)

Munnelly et al v David O’Sullivan et al (2018) June Companies Court (Chief Registrar Briggs)

(Claim for shares in a Company by C1, C2 and C3. C1 and C2 have no claim to the shares. Only C3, which was not joined as an original Claimant, had such a claim. Marc Beaumont submitted for D that C1 and C2 could not elect for C3 to have those shares and yet carry on with their claim, as that was to “approbate and reprobate”. Chief Registrar reduced costs payable by D by 20 %.)

RICS v Martin Rushton (2017) October; Court of Appeal.

(Online protest by surveyor wrongly convicted and struck off; surveyor won his appeal and was reinstated; online postings and correspondence claimed to be actionable harassment of RICS under Protection from Harassment Act 1997; whether ECHR Article 10 right to freedom of expression; whether need to prove “alarm and distress” from alleged harassment; whether RICS seeking an injunction had “clean hands”).

RICS v Martin Rushton (2017) March High Court, QBD.

V v A (2017) Moscow

(Marc Beaumont acts as an expert on English law in foreign proceedings. In 2017, he advised on the law of frustration of contracts in a dispute in Moscow over a disputed loan of 156 million Euros in the context of the annexation of Crimea by Russia).

Smith v Bar Mutual Indemnity Fund (2016) June, Financial Ombudsman Service

(successful complaint by a barrister to FOS concerning his right to choose his own solicitors to act for him in the face of insurer insisting on a panel firm)

Pratt & Whitney Canada (UK) Ltd v Bushell (2015)

(application for costs in Employment Tribunal; successfully resisted after detailed written submissions)

I v E Aug 2015

(Claim for return of investment funds; Marc Beaumont pleaded a defence of illegality; settled at Mediation)

Norseman Holdings Ltd v Warwick Court Management Co Ltd, Coulson J. 5.3.15

(Successful application to recall judgment and remove previous finding of identity fraud)

G v S (2013/2014)

(successful defence of male Defendant in claim for damages for paternity fraud; claim withdrawn; costs paid to Defendant)

X Bank v M – Dec 2012, Mediation

(Defence of undue influence with third party claim in negligence against a firm of solicitors; successful London Mediation at which wife of debtor received enough in damages to secure re-housing).

Trade Storage Ltd v Papanicola [2011] EWHC 598

(Security for costs; whether Claimant Company in substance a Defendant and so immune from SFC order).

W v W Solicitors, [2011] April, Manchester County Court

(Costs; Solicitors Act 1974, statute bills, enforceability of invoices, solicitor’s lien over client funds).

DPIL and ISIL v McDonnell & MAL [2011] Technology & Construction Court, (November 2010 to April 2011)

(14 day trial; Construction contract; project management; claims alleging fraudulent misappropriation, deceit, breach of fiduciary duty, dishonest assistance and professional negligence against designers/project managers; claim for an account; all serious allegations against Marc Beaumont’s client dismissed).

Santander Bank v M [2011], Croydon County Court

(Application to strike out averment of constructive notice in Etridge defence; application successfully opposed by Marc Beaumont).

Re Trumax Ltd [2011] Lawtel 25th Jan, Companies Court

(Insolvency, transaction at undervalue, transfer of commercial property to pension scheme with in specie contribution, sections 212, 238, 239 of the Insolvency Act 1986, whether Directors’ misfeasance).

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

(Procurement; 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 bankruptcy jurisdiction and CPR Part 23.11; abuse of process; circumvention of rule in Heath v Tang)

Patel v GMS Norwich Ltd [2008] 14th January, Court of Appeal

(conveyancing; purchaser paid too little to vendor as vendor’s solicitor mistakenly asked for too little to effect completion, mistakenly accepted the lower sum and mistakenly paid the correct, larger sum to the vendor out of other client funds; vendor sued in damages for balance of purchase price, but had already received it, by mistake, from his negligent solicitor; defence of “no loss;” vendor then repaid the overpayment to his negligent solicitor having retained it for 5 months in order to contrive a loss; whether vendor could recover that loss)

Goodchild v Bradbury & Hillier [2007] WTLR 463, Court of Appeal

(Gift of land; presumption of undue influence; whether rebutted by donor’s confession that not placed under any pressure; whether third party transferee of land had constructive notice).

Dr T.S Goel v R. Pick (Trustee in Bankruptcy) [2007] 1 All ER 982 Ch D;

(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, Lawtel 8th August.

(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 (Mann J 6.10.04)

(Insolvency, costs, IA 1986, s. 366, lien for unpaid fees)

Di Placito v Slater [2004] 1 WLR 1605 CA

(application of CPR to modification of undertaking; relevant test)

Di Placito v Slater [2003] NLP 20th March, Lawtel 24th March

(Probate action; 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)

Thornberry v Coleman [2001] All ER (D) 357, [2001] LTL 28/9/01, CA

(Slander by officer of Local Government, exemplary and aggravated damages, whether slander of Company Director is slander of the Company)

Birmingham Midshires v Sabherwal [2000] 80 P & CR 256, CA

(Overreaching, ECHR Article 8, undue influence, subrogation)

Ocwen UK v Travis [2000] Current Law, Aug

(strike out/limitation period for extortionate credit bargain claim)

Leheny v Allied Irish Bank [1999] BPIR

(Appeal against Bankruptcy Order, equitable set-off, sale at undervalue by mortgagee, s. 267 Insolvency Act 1985)

Hurstanger Ltd v Wood & Wood [1999] CL June

(following FNB v Ann and Hustanger Ltd v Ricketts below, strike out/limitation period for extortionate credit bargain claim)

Abbey National plc v Tufts [1999] 2 FLR 399, CA; [1999] EGCS 24

(mortgage fraud, LPA Section 199, reasonable inquiries, application of Quennell v Maltby test)

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)

Hill Samuel Personal Finance v Grundy [1997] All ER (D) 81, CA

(Unless Orders / Hytec Information criteria)

Hurstanger Ltd v Ricketts [1998] CCLR 5, [1997] 1 CLY 962

(following FNB v Ann above, strike out/limitation period for extortionate credit bargain claim/issue estoppel/abuse of process)

Popat v Shonchhatra [1997] 1 WLR 1367, CA, [1997] 3 All ER 799

(division of post-dissolution partnership profits)

First National Bank v Ann [1998] CCLR 1, [1997] 1 CLY 963, February,

(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, CA

(a leading case on s. 11 of the Limitation Act 1980; action for damages for childhood sexual abuse/limitation)

Abbey National B.S. v Cann [1991] 1 AC 56, HL, [1989] 2 FLR 265 CA

(a leading case on overriding interests, LRA s. 70(1)(g); equitable subordination)

Doble v Haymills [1988] The Times, 5th July, CA, [1988] Sol Jo 1063

(writ extension)

Trading Standards and Local Authority prosecutions

Derbyshire County Council v M Limited and others (2020)

(18 Charges against manufacturer of honey of food labelling offences and health claims on website; an allegation that “anti-bacterial” on honey jar label attributed to the honey the property of preventing, treating or curing a human disease contrary to s. 10(2) of the Food Safety Act 1990; whether Council complied with its own prosecution policy; Adaway abuse of process; whether local authority’s expert evidence admissible; 17/18 Charges dropped; very small fine on 18th Charge).