Commercial Case Law & Court Cases UK

Below are recent commercial law cases from our CaseCheck archive. To view the full archive of case law, visit our Court Cases page. To search the full database please register with CaseCheck for free today.

Gary Taylor and others as Trustees of the 2004/2005 Eurocentral Hotel Syndicate v. Hadrian S.A.R.L, [2012] CSOH 59, 30 March 2012 - Outer House case concerning a creditor’s right of sale over security subjects held under a standard security. The syndicate financed the purchase of a site at Eurocentral near Motherwell, on which a hotel and office complex (which remained unoccupied) were constructed, partly by means of a loan secured... more...

Central Bank of Nigeria v Williams [2012] EWCA Civ 415 (03 April 2012) - Introduction: We are pleased to welcome again Solicitor Mr Anis Waiz who recently joined forces with Simon Mckay of Mckay law. They are soon to launch a new firm Mckay Law LLP. In another in depth case review Anis consider this important decision on Limitation. This surrounded a number of technical... more...

Munin Navigation Co Ltd v Petrodel Resources Ltd [2012] EWCA Civ 136 - Petrodel appealed against a decision to grant summary judgment to Munin on invoices for surveying work. Petrodel and Munin were parties to a novated agreement under which Munin was to carry out a seismic survey of 1,200km of Tanzanian waters. An exhibit to the contract containing a list of attached maps... more...

Transpetrol Marine Services Ltd v SJB (Marine Energy) BV [2012] EWCA Civ 198 - The appellant shipowner, Transpetrol, brought an appeal against a decision ([2011] EWHC 3374 (Comm)) that it was in breach of the oil companies approval clause in a voyage charter. Transpetrol had chartered the vessel Rowan on terms which incorporated Vitol's Voyage Chartering Terms as amended. The terms... more...

Joint Building Society Special Administrators for Dunfermline Building Society v FM Front Door Limited, [2011] CSOH 175 - Application for an administration order in respect of FM Front Door Ltd. The application followed FM’s failure to make payments under a loan from the Dunfermline Building Society obtained to assist with the purchase of flats at the Skyline development on Finniestoun Street in Glasgow. The loan was... more...

Kivuwatt Limited v. Dane Associates Limited [2011] CSOH 118 - The pursuer was a company incorporated in Rwanda. In March 2009, it entered into a Concession Agreement with the Government of Rwanda whereby it was licensed to build, own and operate a power plant and gas production plant at Lake Kivu, on the border between Rwanda and the Democratic Republic of the... more...

William John Sim v. David John Howat and Bridget Mary McLaren [2011] CSOH 115 - The pursuer and defenders previously practised as partners in the firm of Pattison & Sim, Solicitors. This dispute had arisen from an agreement which the parties entered into in October 2005, when the pursuer proposed to retire from the partnership. The agreement provided for payment to the pursuer of... more...

Mathew Purdon Henderson v Foxworth Investments Limited and Nova Scotia Limited, [2011] CSOH 66 - Complicated case in which the Liquidator of the Letham Grange Development Company sought reduction of a security over the Letham Grange resort near Arbroath. The case involves a number of companies all controlled by a Mr Liu and his family. The grounds for challenge The Liquidator argued that... more...

Bank of Scotland plc v. William Forbes [2011] CSIH 23 - In this action, the pursuers and respondents sought decree for payment to them of £15,000 with interest, against the defender and appellant. The action was founded on the basis of a Personal Guarantee granted by the appellant to the respondent in respect of all sums owed from time to time to the respondents... more...

Notes of Creditors 59, 105 and 106 in the Petition of the Scottish Lion Insurance Company v. Goodrich Corporation and others [2011] CSIH 18 - At first instance, the Lord Ordinary had required the creditors in this petition to produce documentation, for the purposes of conducting a proof. This documentation had previously been submitted to the petitioner as part of a valuation exercise, in connection with scheme sanctioning proceedings under... more...

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