Petition for an order under section 1 of the Administration of Justice Act 1972:- On 27 September 2006 the respondent was appointed a director of the petitioner. Here the petitioner sought the recovery of confidential information relating to the petitioners' business held by the respondent following his resignation from the petitioners on 15 November 2007. On December 2007, an order was made in terms of the petition, appointing a Commissioner to search for and take all other steps necessary to t ...
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The court was required to determine a preliminary issue on the interpretation of the Hague-Visby Rules art. IV r.5(a). D argued that “damaged” included and meant economically damaged and “goods lost or damaged” were to be construed as meaning the goods in respect of or in connection with which the loss and damage was suffered. C argued that the article should be construed so that the limit was calculated by reference to the gross weight of the goods lost or damaged as at the date of discharge / ...
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Pelkley Bicknell (A) appealed against a decision that she was liable to pay Foxtons (R) commission on the sale of her house. R’s terms of business made A liable to pay commission if at any time contracts were exchanged with “a purchaser introduced by” R during the period of sole agency or with whom R had had negotiations during that period. The eventual purchaser had been shown round by R but had not liked the property and had eventually bought it several months later after visiting it again wit ...
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The Court was asked to decide a preliminary issue as to whether C required the leave of the court to pursue an appeal against an award made in arbitral proceedings involving it and the defendants. The Dispute Resolution Agreement (DRA) pursuant to which the dispute giving rise to the award had been referred to arbitration under the LCIA rules, stated that D had “any party to the dispute may appeal to the court on a question of law arising out of an award made in the arbitral proceedings.” C argu ...
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If the country of the principal winding up of an insolvent company was the “relevant country or territory” for the purposes of the Insolvency Act 1986 s.426 and the liquidators in that country requested the English liquidators to remit to them the assets collected in England so that they could, pursuant to the insolvency law in that country, implement a universal scheme of pari passu distribution to ordinary unsecured creditors, the request was one to which, in principle, the English liquidators ...
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The current practice in some county courts of annulling a bankruptcy order, on the basis of an undertaking from the bankrupt’s solicitor to pay the debts, costs and expenses of the bankruptcy, was not within the jurisdiction of the court.
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Building Contract - Debate:- In June 2005 the parties entered into a building contract whereby the defender, a construction company, would erect for the pursuer, a property development company, a number of buildings. In this action the pursuer sought damages for alleged delays by the defenders in completing the works whilst the defender counterclaimed for an extension of time. A proof before answer was appointed for the dispute between the parties as to whether the defender was in breach of the ...
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The applicant applied for a declaration that moneys paid by him to the respondent company in liquidation were held on trust for the purpose of paying a third party. Held, whether or not money had been paid subject to a purpose trust was a question of fact. Where it had clearly to be implied into an arrangement between the applicant and a company that subsequently went into liquidation that the applicant had made a payment to the company to enable it to discharge the applicant’s debt to a third p ...
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The appellant shipowners (M) appealed against a decision that they were not entitled to claim deadfreight and the appellant charterers (C) appealed against a decision that M could bring an alternative claim for breach of a safe port warranty. It was held that C had not tendered full contractual performance and M’s appeal on the deadfreight issue was allowed. Where a voyage charterparty provided that the vessel had to load at a single named safe port, the charterers warranted the safety of that p ...
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The expression “breach of duty” in the Limitation Act 1980 s.32 included a claim under the Insolvency Act s.423. However, there must be a legal wrongdoing of a kind that could properly be raised in an action to which s.32 of the Act applied.
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