This is a case in which the appellants, Mr and Mrs Jain, had their nursing home business destroyed by executive action taken against them by a regulatory authority, The Nottingham Health Authority. The Authority’s statutory successors, Trent Strategic Health Authority are the respondents to this appeal. The executive action taken by the Authority consisted of an expedited application made under s.30 of the Registered Homes Act 1984, said application being made ex parte and without ...
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In the absence of any suggestion that administrators were acting improperly, it would be contrary to the nature and purpose of an administration if the court were to interfere in the detailed day to day management of the administration by requiring the administrators to devote more time than they already had to answering questions put to them by a particular group of creditors.
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The state oil company of Nigeria (A), appealed against a decision permitting partial enforcement of a New York Convention arbitration award. In accordance with the provisions of its contract, R had referred to arbitrators in Lagos in accordance with Nigerian law its claims to be paid substantially more than the contract price for its design and construction of a petroleum export terminal. The arbitrators had issued an award in favour of C in a net amount of US$152,200. A applied to the Federal ...
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Insolvency: The joint liquidators of a company applied for an order under s.176A(5) of the Insolvency Act 1986 that s.176A(2) of the Act should not apply so as to require a distribution of the prescribed part of the company’s net property to some unsecured creditors where the cost of processing the claims would exceed the value of the sums claimed. Held that the High Court did not have jurisdiction under s. 176A(5) of the Act to make an order that s.176A(2) of the Act disapply in part so as to r ...
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Debate:- In this action the pursuers claim £909,395 from the defenders by way of Additional Consideration under an Asset Purchase Agreement entered in to on 9 June 2005. There is a separate claim by the defenders under the Services Agreement in which they are the pursuers. On 15 February 2008 at debate at the instance of both parties Lord Drummond Young repelled the defenders' pleas-in-law, sustained the pursuers' first and third pleas-in-law and granted decree against the defenders for pay ...
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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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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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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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