The appellant trustees in bankruptcy appealed against a decision of the registrar not to suspend the running of the bankruptcy period pursuant to the Insolvency Act 1986 s.279(3) for the respondent bankrupt. Held that the one-year period of bankruptcy imposed by s.279(1) of the Act was suspended where there remains substantial failures by the bankrupt to comply with his obligations to provide full details of his financial affairs under Part IX of the Act.
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The appellant appealed against a decision of the Supreme Court of Mauritius in proceedings for the enforcement of securities granted by the respondent bank. Held that where a debtor had not objected to crystallisation of a floating charge, or contested its validity as he could have done under the Mauritian Civil Code, he could not contest the validity of the charge in later proceedings for validation of attachment orders.
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C applied for to enforce an adjudicator’s decision against D. C (an engineering consultancy) had carried out professional services in relation to one of D's developments and a dispute arose in relation to non-payment of invoiced; D claimed that C was not entitled to claim fees on the ground that the formal agreement providing for C's consultancy services had not been finalised and executed (C having proceeded under a letter of intent which had expired after which C had continued to perform profe ...
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The appellant buyer (C) appealed against a decision that it had not been entitled to terminate a contract for the purchase of a cargo of gasoline from the respondent refinery (E). The contract provided for loading during a four-day delivery period, which could be narrowed to a two-day laycan period. The question was whether an fob contract which provided for a delivery period to be narrowed to a laycan period is a traditional fob contract in which the buyer can terminate the contract if the goo ...
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The appellant airline appealed against a decision giving summary judgment to the respondent company. Held that even where a defendant had no prospect of successfully defending a claim and there was no other compelling reason why the case should be disposed of at trial, it did not automatically follow that summary judgment would be given. Where a claimant was insolvent, giving summary judgment in his favour might produce unjust consequences, namely that the defendant would be ordered to pay money ...
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The three appeals concerned claims in tort for economic loss caused by intentional acts, covering between them at least 5 different causes of action: inducing breach of contract (Mainstream), causing loss by unlawful means (Hello!) interference with contractual relations (OBG); breach of confidence (Hello!) and conversion (OBG). There is helpful explanation of the nature and scope of the economic torts and clarification of the distinction between the torts of unlawful interference and of procuri ...
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C and D were parties to a sub contract wherein C agreed to carry out structural steelworks and roofworks. Subsequently heads of agreement were concluded. Disputes between C and D emerged and a supplemental agreement was concluded amending the sub-contract by provided that the provisions of the agreement were in full and final settlement of all disputed up to 15 February 2004. A draft certificate was subsequently prepared that included a figure for "gross evaluation to February 15, 2004". Follow ...
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C had entered into a contract to provide civil engineering works to a house builder including the design and carrying out of piling works and project management. The properties constructed began to show signs of cracking due to settlement. The house builder commenced proceedings for damages in relation to C’s allegedly defective design and/or construction of the piles. The court was required to determine preliminary issues as to the extent of insurance coverage under a professional indemnity po ...
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C (Connolly) sought rectification of a contract for the sale of land entered into with D (Bellway) and also brought a claim in deceit. C contracted to sell D a site subject to planning permission being granted. The site price was ‘indexed’ in the agreement to ensure that C would share in any increase in value after discounting inflation in building costs, pending completion. The rectification claim concerned the expression of this indexation provision in the agreement, specifically the formula f ...
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The appellant, an undischarged bankrupt appealed against an order committing him to prison under the Insolvency Act 1986 s.364(2)(c) for failure and refusal to co-operate with the respondent trustee in bankruptcy. Held that although it was compatible with the European Convention of Human Rights 1950 Art.5 for an application under the Insolvency Act 1986 s.364 to be made without notice to the bankrupt, the evidence before the court had to make out a good case for proceeding without notice. It was ...
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