Judges: Beatson J Citations: [2007] EWHC 2509 (Admin) Links: Bailii Statutes: Financial Services Act 1986 62 Jurisdiction: England and Wales Professional Negligence, Financial Services Updated: 05 December 2022; Ref: scu.260300
The defendant entered into a hire-purchase contract for a computer, time being stipulated to be ‘of the essence’ in relation to the payment obligations. He defendant defaulted, and the plaintiff took possession of the goods, and and sought payment of the balance due. Held: Time is of the essence where the parties have expressly stipulated … Continue reading Lombard North Central v Butterworth: CA 31 Jul 1986
The court was asked whether a clause in a share sale agreement setting out the payment obligation worked to preclude the purchaser from exercising a right of set-off when the time comes to pay a later instalment of the price. Held: The appeal was dismissed. The right of set-off had effectively been excluded. ‘The meaning … Continue reading BOC Group Plc v Centeon Llc and Centeon Bio-Services Inc: CA 29 Apr 1999
The claimant had been negligently advised to swap to a personal pension plan. He was to receive damages in respect of that loss, but, in the meantime, the pension company, of which he had become a member de-mutualised, and he became entitled to shares in the new company. The adviser sought to reduce the damages … Continue reading Needler Financial Services Ltd v Taber: ChD 31 Jul 2001
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The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court. After a comprehensive review of all the authorities, Munby J said: ‘The common theme running through all the cases in which the court has … Continue reading Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008
The Society appealed dismissal for limitation of its claim against the defendant firm of accountants arising from alleged fraud in approval of a solicitor’s accounts. Held: The liability did not arise until the Society decided to make compensation to those who had been affected by the solicitor’s default. The claims in negligence were not time … Continue reading The Law Society v Sephton and Co and others: CA 13 Dec 2004
Application for a Norwich Pharmacal order against a financial institution or a financial services provider known, for the purpose of these proceedings as ‘MM’, relating to a claim that the applicant, known as ‘AA’, has against her former husband, known as ‘XY’. Judges: Mr Justice Sweeting Citations: [2022] EWHC 2627 (KB) Links: Bailii Statutes: Insolvency … Continue reading AA v JJ: KBD 29 Jul 2022
It was claimed that a loan to the employee from a customer of the employer coupled with an exclusive supply agreement by the employee as and when the competing business becomes operative was in breach of an non-compete clause. Held: The injunction was granted. It was not incumbent on an employer to point out to … Continue reading Lancashire Fires Ltd v S A Lyons and Co Ltd: CA 1996
The court’s discretion in appointing provisional liquidators is unfettered provided it is exercised in a ‘proper judicial manner’. Sir Robert Megarry V-C said: ‘I would respectfully express my complete agreement with the view taken by [the judge]. I do not think that the old authorities, properly read, had the effect of laying down any rule … Continue reading In re Highfield Commodities Ltd: ChD 1985
The defendants had requested tenders for the design and construction of an offshore wind farm. The court now considered the situation arising because of inconsistencies between documents in the tender request. The successful tender was based upon an international standard (approved by one part of the tender), but which came to fail, breaching a different … Continue reading MT Hojgaard As v EON Climate and Renewables UK Robin Rigg East Ltd and Another: SC 3 Aug 2017
The claimants were interested under a pension scheme. Alterations had been made, which the said had been in error, and they sought rectification to remove a link between early leaver benefits and incapacity benefits. The defendant trustees agreed that there had been a mistake, but chose not to correct it. The potential cost to the … Continue reading AMP (UK) Plc and Another v Barker and Others: ChD 8 Dec 2000
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct. Held: An aggrieved objector to local government spending should pursue his rights under the Act and … Continue reading Lloyd v McMahon: HL 12 Mar 1987
The claimant said that the defendant bank as trustee of her late father’s estate had been negligent in its investment of trust assets. Held: The claimant had failed to establish either a breach of trust or any loss flowing from it, though there was not much for the bank to be proud of in its … Continue reading Nestle v National Westminster Bank: CA 6 May 1992
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for ten years from 42%, when he first consulted the doctor to 25%. The House … Continue reading Gregg v Scott: HL 27 Jan 2005
The court was asked as to the treatment of the assets of the company in case of a future insolvency. Held: Briggs J decided section 123(1)(e) required: ‘In my judgment, the effect of the alterations to the insolvency test made in 1985 and now found in section 123 of the 1986 Act was to replace … Continue reading In re Cheyne Finance Plc (No 2): ChD 17 Oct 2007
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013
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
B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it was vitiated by bias, and in breach of his right to freedom of … Continue reading A, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service: SC 9 Dec 2009
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, changes over time, and the requirements are flexible and closely conditioned by the legal and … Continue reading Regina v Secretary of State for the Home Department ex parte Doody and Others: HL 25 Jun 1993
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
