In construing the terms of a bond which on their natural meaning provided a result that was not an obvious commercial result, but was not absurd or irrational then it was not open to the court to construe the terms of the bond more widely simply because no credible commercial reason had been advanced for the limited scope of the guarantee.
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Proceedings arose in respect of the entitlement to sums transferred in to a trust account by Kaupthing following the instruction of the FSA shortly before Kaupthing’s administration. Although Kaupthing had been directed to transfer all sums deposited in the trust account it had omitted to include certain deposits particularly relating to foreign transactions. Because the trust account was for all deposits then it was for the benefit of all deposits received within the meaning of deposits under F ...
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The Norwegian municipalities sought to appeal against claims in restitution against them by banks following the findings that the swap contracts they had entered in to were void and that the municipalities lacked capacity to enter in to them. A Part 20 Claim was brought by the bank against Norwegian lawyers who had advised that as the swap contracts were not loans under Norwegian law the municipalities had capacity to enter them. The Court of Appeal held that the concept of capacity and constitu ...
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The court addressed various issues arising when a participant in a LLP hedge fund investment manager sought to withdraw its investment. Although the management agreement included a clause for expert determination that was limited and did not extend to the scope of the agreement.
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The CA refused a Father permission to appeal against the judgment of Mrs Justice Black in the matter of W v W [2010] EWHC 332 in which she had refused to order the return of three children to Ireland. The judge had taken account of the views of the elder two children aged 8 and 6 who objected to any return. The CA held, inter alia, that it was open to her to conclude that the degree of their maturity, along with their ages made it appropriate for her to take their views into account.
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The court determined that twin girls who had been born in England in 2007 but send to the Cameroons in 2008 with the grandmother were now now habitually resident in the Cameroons. It was found that the Mother had agreed to the twins being sent with their grandmother for an indeterminate period. The wardship summons issued by the Mother was dismissed.
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The Court of Protection made declarations in respect of an adult who had 'a significant impairment in intellectual functioning as a consequence of a learning disability' and thus lacked the capacity to make decisions about her healthcare and to conduct or defend proceedings. It was held to be in her best interests to undergo a hysterectomy in order to treat her cancer. Given she had a phobia of hospitals and needles if persuasion failed the NHS trust could be authorised to use force if necessary ...
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The CA by a majority allowed the appeal from the judgment in Jones v Kernott [2009] EWHC 1713 (Ch) (itself an appeal). The trial judge had imputed a common intention to the parties to vary their shares in a property, held at that time in equal shares, following separation where one party had remained in the property and taken on all expenses in connection with it. The trial judge had found their beneficial interests to have been varied to 90% and 10%. This approach was upheld in the High Court b ...
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The CA upheld an order in ancillary relief proceedings dealing with issues relating to a family trust. The CA differed in reasoning to the trial judge and it was held that shares held by the wife were held on constructive trust for three of the children notwithstanding the fact that at the time they transferred to the control of the Husband the children were too young to have any intentions in respect of them.
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The Appellant (K) appealed against the decision of the District Judge to order the Appellant to await the decision of the Secretary of State concerning his extradition. The Appellant appealed on six grounds: (i) the UK courts should stay an extradition that is predicated on the misconduct of foreign police officers acting in the UK in breach of Article 6; (ii) the District Judge was wrong to conclude that the alleged abuse of process gave rise to a jurisdiction which is residual in nature and wh ...
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