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Dymocks Franchise Systems (NSW) Pty Limited v Todd and Todd, Bilgola Enterprises Ltd and Lambton Quay Books Ltd: PC 7 Oct 2002

PC (New Zealand) The claimants asserted that the respondents had wrongly terminated their franchise licence. The agreement was subject to the New South Wales law requiring good faith, but the court had not had expert assistance for interpretation. Held: Whatever the underlying law, the agreement depended upon the parties acting in good faith and working … Continue reading Dymocks Franchise Systems (NSW) Pty Limited v Todd and Todd, Bilgola Enterprises Ltd and Lambton Quay Books Ltd: PC 7 Oct 2002

Regina v McKechnie: CACD 2002

Four appellants conspired to defraud banks and others. The prosecution alleged a sophisticated and well organised conspiracy involving the appellants and others. Mail was redirected to addresses to which the conspirators had access. Credit cards so received would be used until the credit card limit had been reached. Fingerprint and handwriting evidence revealed the links … Continue reading Regina v McKechnie: CACD 2002

CMA CGM S A v Beteiligungs-Kommanditgesellschaft ‘Northern Pioneer’ Schiffahrtgesellschaft Mbh and Co and others: CA 18 Dec 2002

The Charterers appealed a refusal to allow an appeal from a decision in an arbitration. Held: The 1979 Act changed the situation fundamentally. The test was not just whether the decision was probably wrong, but the wider test allowed an appeal on a point of general public importance, provided only that the decision allowed of … Continue reading CMA CGM S A v Beteiligungs-Kommanditgesellschaft ‘Northern Pioneer’ Schiffahrtgesellschaft Mbh and Co and others: CA 18 Dec 2002

Donald v AVC Media Enterprises Ltd: EAT 9 Nov 2016

EAT Unfair Dismissal : Mitigation of Loss – DISCRIMINATION: JURISDICTIONAL POINTS: Extension of time: just and equitable In a case where the claimant had succeeded in a claim of constructive unfair dismissal, the Employment Tribunal erred in its approach to mitigation of loss. The judgment contained no acknowledgment of where the onus of proof lay. … Continue reading Donald v AVC Media Enterprises Ltd: EAT 9 Nov 2016

Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002

Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002

Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc: HL 20 Feb 2002

A company went into liquidation, being owed substantial sums by another company in the same group, but itself insolvent. A settlement did not include accrued interest, but was claimed to be taxed as if it had, and on an accruals basis. If so, was this an expense properly arising in the insolvency, and payable as … Continue reading Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc: HL 20 Feb 2002

AMP Enterprises Ltd v Hoffman and Another: ChD 25 Jul 2002

A creditor sought an order to replace the company liquidator. Held: Such orders were discretionary, but courts should not grant them too readily. It was for the applicant to show good reason for the order. The circumstances would vary widely, and the court should not try to delimit the kind of situations where an application … Continue reading AMP Enterprises Ltd v Hoffman and Another: ChD 25 Jul 2002

Alexander and Hatherley v Bridgen Enterprises Ltd: EAT 12 Apr 2006

The company made selections for redundancy, but failed to give the appellants information about how the scoring system had resulted in the figures allocated. The calculations left their representative unable to challenge them on appeal. The procedure adopted did not follow the statutory rules, but the tribunal had found the dismissals to be fair. The … Continue reading Alexander and Hatherley v Bridgen Enterprises Ltd: EAT 12 Apr 2006

Taylor v Lawrence: CA 4 Feb 2002

A party sought to re-open a judgment on the Court of Appeal after it had been perfected. A case had been tried before a judge. One party had asked for a different judge to be appointed, after the judge disclosed that he had been a client of the firm of solicitors representing the opposing party, … Continue reading Taylor v Lawrence: CA 4 Feb 2002

Chase v Newsgroup Newspapers Ltd: CA 3 Dec 2002

The defendant appealed against a striking out of part of its defence to the claim of defamation, pleading justification. Held: The Human Rights Convention had not itself changed the conditions for a plea of justification based upon reasonable belief that the claimant had acted criminally. The three conditions were: the inability to rely upon hearsay, … Continue reading Chase v Newsgroup Newspapers Ltd: CA 3 Dec 2002

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Vehicle and Operator Services Agency (Decision Notice): ICO 25 Sep 2013

The complainant has requested a copy of the Vehicle Operator Services Agency (VOSA) accidents and defects database. VOSA has relied on several exemptions to withhold the information: the information is personal data (section 40), the information was provided in confidence (section 41), the information is subject to a statutory bar (section 44) and the information … Continue reading Vehicle and Operator Services Agency (Decision Notice): ICO 25 Sep 2013

In re Ballast plc (in Administration) and Others: ChD 21 Oct 2004

The administrator sought to move direct from an administration to insolvency proceedings without first closing the administration by a court order. Held: The 2002 was intended to allow such a procedure. Judges: Blackburne J Citations: Times 28-Oct-2004, [2005] 1 WLR 1928 Statutes: Enterprise Act 2002 Jurisdiction: England and Wales Cited by: Comments disapproved – In … Continue reading In re Ballast plc (in Administration) and Others: ChD 21 Oct 2004

Societe Cooperative De Production Seafrance SA v Competition and Markets Authority: CA 10 Jul 2015

The CA had earlier allowed an appeal by the company to hold the respondent’s decsion wrong that an event had occurred allowing it to intervene in the acquisition of a competitor’s assets. Leave to appeal to the Supreme Court remained pending, but the court now considered interim arrangements. Arden, Tomlinson LJJ, Sir Colin Rimer [2015] … Continue reading Societe Cooperative De Production Seafrance SA v Competition and Markets Authority: CA 10 Jul 2015

Swindon Borough Council v Webb (T/A Protective Coatings): CA 16 Mar 2016

The Council brought this unusual appeal pursuant to its powers as a General Enforcer under section 213 of the Enterprise Act 2002 to seek to restrain domestic infringements harmful to the collective interests of consumers. Tomlinson, Lewison LJJ [2016] EWCA Civ 152 Bailii Enterprise Act 2002 213 England and Wales Consumer, Local Government Updated: 12 … Continue reading Swindon Borough Council v Webb (T/A Protective Coatings): CA 16 Mar 2016

Societe Cooperative De Production Seafrance Sa v The Competition and Markets Authority and Another: SC 16 Dec 2015

The CMA had decided to intervene in purchases by the appellant from a competitor when it ceased trading.The French court had ordered the sale of the assts. Held: UK law distinguishes between the acquisition of assets constituting a business and the acquisition of ‘bare’ assets. Concentrations arising from the acquisition of bare assets are not … Continue reading Societe Cooperative De Production Seafrance Sa v The Competition and Markets Authority and Another: SC 16 Dec 2015

The Societe Cooperative De Production Seafrance SA v Competition and Markets Authority (Ruling (Permission To Appeal): CAT 20 Jan 2015

[2015] CAT 2 Bailii Enterprise Act 2002 120 England and Wales Citing: See Also – Groupe Eurotunnel Sa v Competition Commission and Others CAT 4-Dec-2013 . . See Also – Groupe Eurotunnel SA v Competition Commission CAT 30-Aug-2013 . . See Also – Groupe Eurotunnel SA v Competition and Markets Authority CAT 9-Jan-2015 Judgment . … Continue reading The Societe Cooperative De Production Seafrance SA v Competition and Markets Authority (Ruling (Permission To Appeal): CAT 20 Jan 2015

Societe Cooperative De Production Seafrance Sa v Competition and Markets Authority: CA 15 May 2015

The company appealed against the rejection of its challenge to a decision that the conditions had arisen allowing the defendant to intervene in its purchase of certain shares in a rival cross channel ferry company. he question was whether part of the activities of the business of SeaFrance, or just a collection of its assets, … Continue reading Societe Cooperative De Production Seafrance Sa v Competition and Markets Authority: CA 15 May 2015

HCA International Ltd v Competition and Markets Authority: CAT 25 Jul 2014

Application for review under section 179 of the Enterprise Act 2002 to challenge a decision of the Competition and Markets Authority requiring, among other things, HCA to divest itself of some of the private hospitals it owns. Application for disclosure. Sales J [2014] CAT 11 Bailii Commercial, Health Professions Updated: 20 December 2021; Ref: scu.535736

HCA International Ltd v Competition and Markets Authority: CAT 9 Jul 2014

Application by HCA International Limited to adduce expert evidence in the form of a report by an economist on an application for review under section 179 of the Enterprise Act 2002 to challenge a decision of the Competition and Markets Authority requiring, among other things, HCA to divest itself of some of the private hospitals … Continue reading HCA International Ltd v Competition and Markets Authority: CAT 9 Jul 2014

G v Argyll and Bute Council: SIC 2 Jun 2014

SIC Complaints regarding a named trader – On 12 December 2013, Ms G asked Argyll and Bute Council (the Council) for information concerning complaints made against a named trader. The Council withheld the information under the exemption in section 26(a) of FOISA on the basis that there was a prohibition on disclosure created by the … Continue reading G v Argyll and Bute Council: SIC 2 Jun 2014

Office of Fair Trading (Decision Notice): ICO 25 Jul 2006

ICO The complainant requested information concerning complaints made about a specific company. The OFT responded, stating that the information was exempt under section 43 (commercial interests) and that the public interest favoured maintaining the exemption. When the complaint was raised with the OFT they also invoked section 44 (statutory prohibitions) as the information was provided … Continue reading Office of Fair Trading (Decision Notice): ICO 25 Jul 2006

Ellis-Carr v Levy (Home Rights : Requirements To Establish Interest): LRA 19 Nov 2013

LRA Family Law Act 1996 – home rights notice – meaning and effect of ‘intention’ in statute – Applicant’s evidence – property never occupied as a matrimonial home – whether husband ever had entitlement to occupy by virtue of a beneficial estate or interest or application – application opposed by Applicant’s husband’s trustee in bankruptcy … Continue reading Ellis-Carr v Levy (Home Rights : Requirements To Establish Interest): LRA 19 Nov 2013

Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008

The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008

Lewis and Another v Metropolitan Property Realizations Ltd: ChD 21 Nov 2008

Nothing in the 2003 changes to the 1986 Act operated so that a trustee in bankruptcy who sold an interest of the bankrupt for a deferred payment had not realised the interest. Accordingly, on the bankrupt’s release, that interest had been assigned out of the bankrupt’s estate and did not revert to him. Proudman J … Continue reading Lewis and Another v Metropolitan Property Realizations Ltd: ChD 21 Nov 2008

Somerfield Plc v Competition Commission: CAT 13 Feb 2006

Somerfield applied under section 120 of the 2002 Act for judicial review of the decision of the respondent, the CC as to its acquisition of stores Report concluded that the completed acquisition by Somerfield of 115 stores previously owned by Wm Morrison Supermarkets plc (‘Morrisons’) may be expected to result in a substantial lessening of … Continue reading Somerfield Plc v Competition Commission: CAT 13 Feb 2006

Attorney-General v Able and Others: QBD 28 Apr 1983

The Attorney General sought a declaration as to whether it would be the crime of aiding and abetting or counselling and procuring suicide, to distribute a booklet published by the respondent which described various effective ways of committing suicide. The stated aim of the booklet was to help readers overcome the fear of dying. Held: … Continue reading Attorney-General v Able and Others: QBD 28 Apr 1983

Deutsche Bank AG v Sebastian Holdings Inc and Another: CA 21 Jan 2016

Appeal from Order joining party for purposes of third party costs order. Judges: Moore-Bick VP, Lewison, Simon LJJ Citations: [2016] EWCA Civ 23, [2016] CP Rep 17, [2016] 4 WLR 17, [2016] WLR(D) 25 Links: Bailii, WLRD Jurisdiction: England and Wales Citing: Approved – Dymocks Franchise Systems (NSW) Pty Limited v Todd and Todd, Bilgola … Continue reading Deutsche Bank AG v Sebastian Holdings Inc and Another: CA 21 Jan 2016

Dymocks Franchise Systems (NSW) Pty Ltd v Todd and others (No. 2): PC 21 Jul 2004

PC (New Zealand) Costs were sought against a non-party, following an earlier determination by the Board. Held: Jurisdiction to make such an order was not complete. Where the order sought was against a non-party (and, indeed, the first such order to be sought in the proceedings), it is supplemental to the judgment already pronounced and … Continue reading Dymocks Franchise Systems (NSW) Pty Ltd v Todd and others (No. 2): PC 21 Jul 2004

Travelers Insurance Company Ltd v XYZ: SC 30 Oct 2019

Challenge to the making of a non-party costs order under section 51 of the Senior Courts Act 1981 against the product liability insurer of one of the defendants in litigation being managed under a Group Litigation Order (‘GLO’). Many of the claimants in the successful action were not insured, and Travelers, the defendant’s insurers resisted … Continue reading Travelers Insurance Company Ltd v XYZ: SC 30 Oct 2019

Strong and Co of Romsey Ltd v Woodifield: HL 30 Jul 1906

The company sought to deduct from its trading profits a sum expended paying damages for personal injuries to a visitor to the taxpayer’s Inn. The claim had been rejected. Held: The company’s appeal failed. Lord Davey said: ‘I think that the payment of these damages was not money expended `for the purposes of the trade’. … Continue reading Strong and Co of Romsey Ltd v Woodifield: HL 30 Jul 1906

Celtec Limited v Astley and others: HL 10 Nov 2003

The employments of civil servants had been transferred to the defendant company. There had been some delay between their resignations and the new arrangements. The employee claimed the protection of the directive, saying that there had been a transfer of an undertaking, with employees, premises and database. It was said that the Regulations failed properly … Continue reading Celtec Limited v Astley and others: HL 10 Nov 2003

Chowood v Lyall (No 2): CA 1930

The transferees of land registered themselves as first registered proprietors of land including two narrow strips of woodland. The court had found that the strips in fact belonged to a neighbour who had acquired title by adverse possession. Held: A landowner may have sufficient standing to sue the registered proprietor of land for trespass even … Continue reading Chowood v Lyall (No 2): CA 1930

Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007

The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement. Held: In an action for breach of statutory duty the court can in appropriate circumstances make a restitutionary award, that … Continue reading Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007

In Re Carecraft Construction Co Ltd: ChD 13 Oct 1993

A court must hear evidence before disqualifying directors. Though the Director and the Secretary of State might reach an agreement as to what should happen, they could not displace the court in deciding what order should be made, and in making that order. The court approved the submission by the parties to the Court an … Continue reading In Re Carecraft Construction Co Ltd: ChD 13 Oct 1993

Footwear Corporation Ltd v Amplight Properties Ltd: ChD 1 Apr 1998

The plaintiff was tenant of premises under a lease granted by the defendant’s predecessor in title. He vacated the premises in July 1996, and on 17 November 1997 wrote asking the defendant for a licence to sublet them to a pet shop business. The plaintiff enclosed the proposed subtenant’s accounts with the application. On 20 … Continue reading Footwear Corporation Ltd v Amplight Properties Ltd: ChD 1 Apr 1998

Norwich Union Life Insurance Society v Shopmoor Ltd: ChD 1999

Shopmoor’s predecessors demised premises for 150 years at a yearly rent of andpound;100 on payment of a premium. A covenant provided that the tenant was not to assign or sublet without the landlord’s consent, not to be unreasonably withheld or delayed. In April 1996 Norwich Union contracted to sale of the lease, conditional on a … Continue reading Norwich Union Life Insurance Society v Shopmoor Ltd: ChD 1999

Chell v Tarmac Cement and Lime Ltd: CA 12 Jan 2022

Explosive Pellet Use Not Within Employee’s Role. The claimant worked on a site operated by the respondent. One of the respondent’s employees exploded two pellet targets injuring the claimant’s hearing. He asserted vicarious liability in the respondent. There had been tensions between the claimant and the respondent’s own staff. The judge found that the use … Continue reading Chell v Tarmac Cement and Lime Ltd: CA 12 Jan 2022

Henderson v Merrett Syndicates Ltd: HL 25 Jul 1994

Lloyds Agents Owe Care Duty to Member; no Contract Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses. Held: The assumption of responsibility principle enunciated in Hedley is not confined … Continue reading Henderson v Merrett Syndicates Ltd: HL 25 Jul 1994

Punch Pub Company Ltd v O’Neill: EAT 23 Jul 2010

EAT UNFAIR DISMISSALReasonableness of dismissalProcedural fairness/automatically unfair dismissalThe Employment Tribunal failed to consider the effect of S98A(2) of the Employment Rights Act 1996. Had it done so it would have been bound to find that had the Respondent followed a fair dismissal procedure the Claimant would have been dismissed in any event. Judges: Serota QC … Continue reading Punch Pub Company Ltd v O’Neill: EAT 23 Jul 2010

Gillick v Brook Advisory Centres and Another: CA 23 Jul 2001

The claimant appealed after closing her action for an alleged defamation by the respondents in a leaflet published by them. She challenged an interim decision by the judge as to the meaning of the words complained of. Held: The leaflet made reference to the claimant’s history as a litigant but did so in a way … Continue reading Gillick v Brook Advisory Centres and Another: CA 23 Jul 2001

Skuse v Granada Television: CA 30 Mar 1993

The claimant complained that the defendant had said in a television programme that he had failed to act properly when presenting his expert forensic evidence in court in the trial of the Birmingham Six. Held: The court should give to the material complained of the natural and ordinary meaning which it would have conveyed to … Continue reading Skuse v Granada Television: CA 30 Mar 1993

Graham v Commercial Bodyworks Ltd: CA 5 Feb 2015

The claimant had been very badly burned. He was covered in flammable liquid when a co-worker lit a cigarette. Held: The claimant’s appeal failed. ‘although the defendant employers did create a risk by requiring their employees to work with thinning agents, it is difficult to say that the creation of that risk was sufficiently closely … Continue reading Graham v Commercial Bodyworks Ltd: CA 5 Feb 2015

Lister and Others v Hesley Hall Ltd: HL 3 May 2001

A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers. Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his … Continue reading Lister and Others v Hesley Hall Ltd: HL 3 May 2001

Potts v Densley and Another: QBD 6 May 2011

The claimant had been a shorthold tenant. The landlord had failed to secure the deposit as required, but offered to repay it after the determination of the tenancy. The claimant now appealed against a refusal of an award of three times the deposit. Held: The appeal failed. Sharp J said: ‘section 214(4) is mandatory in … Continue reading Potts v Densley and Another: QBD 6 May 2011

Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation of illegal immigration, fell within the European framework list, but section 65(2)(a) was not satisfied. Held: ‘the … Continue reading Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

Transco plc v Stockport Metropolitan Borough Council: HL 19 Nov 2003

Rylands does not apply to Statutory Works The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture. Held: The rule in Rylands v Fletcher continues to exist as a remedy … Continue reading Transco plc v Stockport Metropolitan Borough Council: HL 19 Nov 2003

Watson v Regina: PC 7 Jul 2004

(Jamaica) The defendant was convicted of two murders from the same incident. The Act provided for the death penalty if he was convicted of a second murder. He appealed the death sentence in the circumstances, and said also that it was unconstitutional, being inhuman treatment. Held: The imposition of the mandatory death sentence on the … Continue reading Watson v Regina: PC 7 Jul 2004

Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

TZ v General Medical Council: Admn 17 Apr 2015

Appeal against decision of a Fitness to Practise Panel holding that the Appellant’s fitness to practise as a medical practitioner was impaired by reason of his misconduct. It directed that his name be erased from the Medical Register under section 35D of the Act. Acting as a locum at an AandE hospital attending a young … Continue reading TZ v General Medical Council: Admn 17 Apr 2015

Cox v Ministry of Justice: CA 19 Feb 2014

Appeal against rejection of claim for personal injury. While working as the catering manager at HM Prison Swansea, the Claimant was injured in an accident caused by the negligence of a prisoner carrying out paid work under her supervision. The prisoner had dropped a large bag of rice on her whilst she was kneeling. The … Continue reading Cox v Ministry of Justice: CA 19 Feb 2014

City of Bradford Metropolitan District Council v Pratt: EAT 9 Jan 2007

bradford_prattEAT2007 EAT Practice and Procedure Statutory dispute resolution procedures introduced by the Employment Act 2002 – modified grievance procedure – whether employee complied with requirement to set out in writing the basis for the grievance. Held, allowing the appeal, that the employee had not done so.Richardson J said: ‘an employee must set out in his … Continue reading City of Bradford Metropolitan District Council v Pratt: EAT 9 Jan 2007

Gravil v Carroll and Another: CA 18 Jun 2008

The claimant was injured by an unlawful punch thrown by the first defendant when they played rugby. He sought damages also against the defendant’s club, and now appealed from a finding that they were not vicariously liable. The defendant player’s contract required him not to engage in such behaviour. Held: The appeal was allowed. The … Continue reading Gravil v Carroll and Another: CA 18 Jun 2008

JS (Sri Lanka), Regina (on the Application of) v Secretary Of State for the Home Department: CA 30 Apr 2009

Joint Enterprise Liability – War Crimes accusation The applicant appealed against an order for his removal. He was accused of complicity in war crimes. Held: To find an asylum seeker to be subject to the Rome statute so as to exclude him from protection it had to be shown that there had been a common … Continue reading JS (Sri Lanka), Regina (on the Application of) v Secretary Of State for the Home Department: CA 30 Apr 2009

Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd: ChD 1981

The fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine of estoppel. In the light of the more recent cases, the principle ‘requires a very much broader approach which is directed rather at ascertaining whether, in particular individual circumstances, it would be unconscionable for a party to … Continue reading Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd: ChD 1981

Wright and Another (Liquidators of SHB Realisations Ltd) v The Prudential Assurance Company Ltd: ChD 6 Mar 2018

IVA is a special form of contract Liquidators asked the court whether sums sought by the insolvent company’s landlords were payable and or provable. Under an IVA, the copany had been paying reduced rents, but the arrangement document provided that the full rents would be restored on its cessation. The liquidators challenged the clause as … Continue reading Wright and Another (Liquidators of SHB Realisations Ltd) v The Prudential Assurance Company Ltd: ChD 6 Mar 2018