Proof of a debt in bankruptcy, either before or after discharge of the bankrupt, was adequate to establish for the purposes of a claim against the bankrupt’s insurers under the Third Parties (Rights against Insurers) Act 1930.
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The appellant shipowners appealed a decision which had granted a stay under s.9 of the Arbitration Act of proceedings commenced by the shipowner. Those proceedings sought a declaration that they had validly rescinded charterparties entered into with the respondent charterers on grounds of bribery. The Law and Litigation clause contained in the charters provided for any dispute ‘arising under’ the charter to be referred to arbitration. A sub clause made reference to a dispute ‘arising out of’ th ...
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There was no established practice in relation to applications for administration orders similar to that which applied in relation to winding-up petitions where there was a disputed debt or cross-claim and it was not appropriate to create such a practice.
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A, the appellant investment fund, appealed against a decision dismissing its claim for damages against R, the respondent bank. The claim was based on R’s alleged failure as arranger and underwriter of a syndicated loan to disclose to A information obtained after R had sent out the Syndicated Information Memorandum (SIM) but before A had completed its purchase of bonds from R. A claimed that by implication R represented that it did not know facts rendering the information given in the memorandum ...
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The appellant appealed against a decision upholding a statutory demand by the respondent former employer. Held for the purpose of setting aside a statutory demand, the cross-claim had to be genuine and serious or of substance or raise a genuine triable issue. There was no practical difference between “genuine triable issue” and “real prospects of success”.
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The appellant appealed against an order for the sale of her former matrimonial home made on an application by the trustee in bankruptcy of her former husband. Held that notwithstanding the terms of a consent order, which provided that a sale of a matrimonial home in which the bankrupt had an interest be postponed until the happening of specified events, it would have been open to a court on an application by his trustee in bankruptcy under the Trusts of Land and Appointment of Trustee Act 1996 s ...
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Commercial Action - Motion for (1) Certification of a Skilled Witness and (2) Additional Fee
The pursuer, in terms of Rule of Court 42.13(2), sought the certification of a skilled witness. Further, the pursuer, in terms of Rule of Court 42.14(1), sought an additional fee in respect of the expenses awarded in the pursuers' favour. A proof had not been allowed in relation to the case and the court considered here, in relation to the first motion, whether it was competent for the court to certify a witness where the witness was preparing for the conduct of a debate. In relation to the seco ...
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The appellant applied to challenge the jurisdiction of the court pursuant to Insolvency Act 1986 s.265(1) in bankruptcy proceedings. Held that an individual claiming that he had abandoned his domicile of origin in favour of a domicile of choice, had to show a strong case on the evidence that he had abandoned his domicile of origin. For a domicile of choice to be acquired such an individual had to have shown an intention on his part to make the chosen country his permanent home and that he had re ...
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The House of Lords upheld the CA’s decision regarding the proper basis for assessing compensation due on the termination of an agency agreement that is subject to the Commercial Agents (Council Directive) Regulations 1993. Under those Regulations, an agent is entitled to be compensated following the termination of the agency relationship unless the parties have agreed for the indemnity alternative to apply but no guidance is given as to the amount of compensation to be received. The House of Lor ...
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D was the owner occupier of land which was traversed by a watercourse running into a culvert. Following service of an abatement notice by the environment agency (who wished to remove the culvert and reinstate the open channel) D retained C to assess the potential for flooding. Pursuant to the retainer C was required to run two models of the watercourse using specialist computer software and report to D with the results. D refused to pay C's fees alleging that C was required to provide the calcul ...
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