Yeoman’s Row Management Ltd (A) appealed against a decision that James Cobbe (R) a property developer, had established proprietary estoppel against it and was therefore entitled to a lien over a property to secure his interest. R had expended time and money in obtaining planning permission pursuant to an oral agreement in principle for the sale of land from A to R, the terms of which had not all been agreed. The CA regarded the finding that A’s behaviour in repudiating and seeking an improvement ...
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The appellant applied to have a block transfer order set aside, in so far as it concerned her bankruptcy, on the ground that the court lacked jurisdiction. Held that the Insolvency Act 1986 s.302(2) conferred power on the court to appoint a new trustee in bankruptcy which could be exercised in order to replace a trustee removed under s.298 of the Act.
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Preliminary Proof:- In May 2001 the defenders purchased a property in Bothwell to live in. The couple decided to build an extension which was defectively erected and the defenders decided to demolish the defective extension and the original house and build a new home from scratch. The defenders invited tenders to bid for the work to build the new property. By letter dated 20 December 2005, the defenders' chartered surveoy wrote to the pursuers stating inter alia:- "We have been authorised by the ...
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Commercial - Appeal from Sheriff Court:- This was an appeal from the decision of a sheriff principal sitting as a sheriff in a commercial action. The pursuer raised proceedings in 2003. In her initial writ, the pursuer sought damages from the defenders for loss and damage said to have been suffered as a result of their professional negligence following her divorce from her husband. The proceedings commenced in the form of a commercial action, under Chapter 40 of the Ordinary Cause Rules 1993. On ...
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The charterer, Transfield (A), appealed against a decision upholding an arbitrators’ ruling on the damages to which Mercator, the shipowner (R), was entitled following the late return of a ship. New charterers had agreed to take the ship after its late return, but the market had fallen sharply and they would only do so at a reduced rate. The issue was whether A was liable to pay only for the use of the ship for the number of days that it was late at the market rate then prevailing or whether it ...
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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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