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BBGP Managing General Partner Ltd and Others v Babcock and Brown Global Partners: ChD 20 Aug 2010

Norris J held: ‘Although the case law refers to crime or fraud or dishonesty (such as fraudulent breach of trust, fraudulent conspiracy, trickery or sham contrivances) it is plain that the term ‘fraud’ is used in a relatively wide sense: Eustice’s case [1995] 1 WLR 1238, 1249D. So a scheme to effect transactions at an … Continue reading BBGP Managing General Partner Ltd and Others v Babcock and Brown Global Partners: ChD 20 Aug 2010

MacFarlane v Falfield Investments Ltd: SCS 1998

The practice had grown up of granting new agricultural tenancies to limited partnerships constituted under the Limited Partnerships Act 1907 in which the landlord or his nominee was the limited partner and the tenants of the farm were the general partners. Dissolution of a limited partnership by one of the partners giving notice to the … Continue reading MacFarlane v Falfield Investments Ltd: SCS 1998

Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003

The claimant dived into a lake, severely injuring himself. The council appealed liability, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers. Held: The council’s appeal succeeded. The risk of injury arose, not from any danger due to the … Continue reading Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003