CASES
August 24, 2012
Commercial Dispute Resolution
Prestigic (Wisley) Nominees Limited Company v JTC Management Ltd and 13 Others [2012] JRC 097 Royal Court of Jersey
Unfair prejudice petition under Article 141 of the Companies (Jersey) Law 1991, challenging several large payments totalling c. £1.5m in the face of a series of special resolutions by the majority of shareholders to ratify the
CASES
August 2, 2012
Public & Administrative Law, Real Estate, Town & Village Greens
R v Somerset County Council ex. p. Mann [2012] EWHC B14 (Admin)
The Administrative Court sitting in Birmingham has, after a fully contested hearing, refused to grant judicial review of a decision not to register Pen Mill Field in Yeovil as a Town or Village Green. Leslie Blohm
CASES
July 18, 2012
Construction & Engineering
J B Leadbitter & Co Ltd v Hygrove Holdings Ltd [2012] EWHC 1941 (TCC)
The TCC granted summary judgment in respect of sums due under a building contract – a supplemental escrow account agreement entered into was ineffective as a ‘pay when paid’ agreement under s113(1) HGCR Act 1996.
CASES
July 13, 2012
Court of Protection, Wills & Trusts
Re JC; D v JC (statutory will application) [2012] WTLR 1211, (2012) MHLO 35 (COP)
A statutory will application by JC’s daughter D, who had been conceived following a post-marital rape of JC’s ex-wife and adopted by other parents very shortly after her birth, and who had never met or had
CASES
July 12, 2012
Wills & Trusts
Thomas v Jeffery and others [2012] EWCA Civ 693; (2012) 162 NLJ 845 (Court of Appeal)
Costs of a claim by adult child under the Inheritance (Provision for Family and Dependants) Act 1975.
CASES
July 11, 2012
Real Estate
Loveluck-Edwards v Ideal Developments Ltd & Dyke [2012] EWHC 716 (Ch) [2012] EWHC 716 (Ch)
John acted for the successful defendant over whose land the claimant had asserted a right of way by implication and/or prescription.
CASES
June 19, 2012
Commercial, Commercial Dispute Resolution
Festive Productions Ltd v Jones
Guy, after initiating a Norwich Pharmacal application in Hong Kong, obtained a worldwide freezing order from the High Court in Bristol in aid of a claim for breach of duty and receipt of unauthorised commissions by
CASES
June 19, 2012
Real Estate
Price and anor v Nunn [2012] EWHC 1251 (Ch), [2012] All ER (D) 117 (May)
Guy acted on application to strike out claims to a right of way as being res judicata or an abuse of process in connection with a dispute that started in the early 1970s. Raised issues concerning
CASES
June 2, 2012
Commercial, Commercial Dispute Resolution
Kaye v Nu Skin UK Ltd [2010] 2 All ER (Comm) 832, [2011] 1 Lloyd’s Rep 40.
Acted for individual claimant at trial of issue in High Court as to whether fair for the defendant Utah based company to rely on arbitration clause following an earlier appeal establishing that the point was arguable
CASES
June 1, 2012
Real Estate
Brumwell v Powys County Council [2012] P&CR D46 (CA)
Whether an occupancy agreement relating to a manager’s use of a caravan site fell into Part II Landlord and Tenant Act 1957.
CASES
May 30, 2012
Professional Negligence
Rowe v Lake (2012)
Richard acted for claimant in a claim against a quantity surveyor for negligent mismanagement of a construction contract of approximately £1m and negligent advice.
CASES
May 24, 2012
Commercial, Commercial Dispute Resolution
Winstone v Great Gate Management Company Ltd (COA 24/5/12) (lawtel document LTL 24/5/12 EXTEMPORE)
John acted for the successful respondent in an appeal from a 1st instance decision, which refused an interim injunction.