Cases

COMPANY LAW – EQUITY – TRUSTS DECLARATIONS : SHARES : TRUSTS : UNCERTAINTY : SETTLEMENTS : TRUSTEES : INEFFECTIVE TRUSTS

Times, February 29, 1996 HUNTER V MOSS (1993) CA (Civ Div) (Dillon LJ, Mann LJ, Hirst LJ) 21/12/1993

Shares-trust of unnumbered shares not void for uncertainty Appeal from decision of Colin Rimmer QC upholding an oral declaration of trust in respect of unnumbered shares dismissed. HELD: The defendant was a trustee of 50 shares for the plaintiff in the issued share capital of Moss Electrical Co Ltd to which the plaintiff had become absolutely entitled. All the 960 shares held by the defendant were equally capable of satisfying the trust and the trust was not void for uncertainty. LEAVE TO APPEAL TO THE HOUSE OF LORDS REFUSED: HL 29/3/94 – (1994) 1 WLR 614. Appeal dismissed. : [1994] 1 WLR 452 : [1994] 3 All ER 215 : (1994) 91(8) LSG 38 : (1994) 138 SJLB 25 : Times, January 14, 1994

CIVIL PROCEDURE – ADMINISTRATION OF JUSTICE – CONTRACTS

Ch D (Mark Cawson QC) 17/05/2013

References: LTL 17/5/2013 EXTEMPORE

(1) JACOB JUMANI (2) BILAL TARIQ v (1) MORTGAGE EXPRESS (2) WALKER SINGLETON (2013)

In dealing with consequential matters arising from a finding that there had not been a concluded oral agreement between the parties, the High Court enjoyed wide case management powers under CPR r.3.1 to deal with other applications whose continuance had depended on a positive finding that there had been a concluded agreement.

CONTRACTS – REAL PROPERTY [2013]

EWHC 1571 (Ch) Ch D (Manchester) (Mark Cawson QC) 17/05/2013

References: LTL 20/5/2013

(1) JACOB JUMANI (2) BILAL TARIQ v (1) MORTGAGE EXPRESS (2) WALKER SINGLETON (2013)

The court determined as a preliminary issue that no legally enforceable oral agreement was made between mortgagors and the mortgagee and receivers appointed under the Law of Property Act 1925 whereby certain properties charged to the mortgagee would be returned from receivership to the mortgagees’ control if arrears on them were cleared.

CIVIL PROCEDURE – COSTS – CPR [2011]

EWCA Civ 1119 CA (Civ Div) (Rix LJ, Lloyd LJ, Toulson LJ) 11/10/2011

References: LTL 11/10/2011 : [2011] 4 Costs LO 547 : [2012] CP Rep 2

FRENCH v GROUPAMA INSURANCE CO LTD (2011)

A judge had been wrong to apply the rule in Stokes Pension Fund Trustees v Western Power Distribution (South West) Plc [2005] EWCA Civ 854, [2005] 1 W.L.R. 3595 to an offer to settle which was contained in privileged correspondence before proceedings were issued, as the offer had not met the requirements set out in Stokes. The court exercised its discretion under the CPR r.44.3 and made no order for costs, save that the defendant should pay the claimant’s costs up to the date on which the offer could have been accepted.

EMPLOYMENT – CIVIL PROCEDURE EAT

(Judge Serota QC) 18/01/2010

References: LTL 1/4/2010

M S TASNEEM v DUDLEY GROUP OF HOSPITALS NHS TRUST (2010)

The date recorded on an employment tribunal judgment as the date on which it was sent to the parties was not conclusive and could be rebutted by other evidence. Accordingly, in the absence of conclusive proof of the date of sending in the form of the posting envelope, the balance of probabilities indicated that all documents were sent the day before receipt.

EDUCATION – CONTRACTS [2008] EWHC 2633

(QB) QBD (Underhill J) 7/11/2008

References: LTL 13/11/2008 : [2009] ELR 111

PHILLIP MORONEY v ANGLO-EUROPEAN COLLEGE OF CHIROPRACTIC (2008)

A judge had correctly found that a claim for breach of contract brought against a college by a former student had no reasonable prospect of success, as there had been no material irregularity in the decisions of a panel of internal examiners and of a final board to withdraw him from the course, and there had been unjustifiable delay in issuing proceedings.

CONTRACTS [2006]

EWCA Civ 1533 CA (Civ Div) (Waller LJ, Leveson LJ) 14/11/2006

References: LTL 14/11/2006 : [2007] BLR 76 : (2006) 103(46) LSG 31 : [2006] NPC 120 : Times, December 8, 2006

(1) THEMIS AVRAAMIDES (2) EMMA MAITLAND V (1) MARK COLWILL (2) STEPHEN MARTIN (T/A BATHROOM TRADING COMPANY) (2006)

On the true construction of a transfer agreement, under which the appellants assumed liabilities of a company, the respondents were not third parties who were entitled to enforce the transfer agreement under the Contracts (Rights of Third Parties) Act 1999 .

CIVIL PROCEDURE – CIVIL EVIDENCE – VAT [2006]

EWHC 1849 (Ch) Ch D (Peter Smith J) 25/07/2006

References: LTL 2/8/2006 : [2007] STC 871 : [2006] STI 1988

(1) SILVERSAFE LTD (IN LIQUIDATION) (2) TIMOTHY JAMES BRAMSTON v (1) DAVID HOOD (2) TATTERSHALL INVERSIONES SL (3) WILDTOWER LTD (4) KEEPBYTE LTD (5) IQBAL PUBLIC LTD (2006)

Permission to re-amend the applicants’ particulars of claim in an action alleging VAT fraud would be granted where further evidence to be adduced suggesting the second defendant’s involvement in similar transactions had probative value and had not been obtained unlawfully.

PENSIONS – EMPLOYMENT – CONTRACTS – TORTS [2003]

EWCA Civ 1075 CA (Civ Div) (Brooke LJ, Arden LJ, Scott Baker LJ) 25/07/2003

References: LTL 25/7/2003 : [2003] IRLR 697 : [2004] OPLR 1 : [2003] Pens LR 277

DANIEL IBEKWE V LONDON GENERAL TRANSPORT SERVICES LTD (2003)

An employer had taken reasonable steps to draw proposed changes in its pension scheme to an employee’s attention by following its usual practice of distributing official information with payslips even though the employee had not actually received the relevant information.

EMPLOYMENT – DISCRIMINATION – HEALTH [2002]

EWCA Civ 1269 CA (Civ Div) (Pill LJ, Robert Walker LJ, Sir Martin Nourse) 31/07/2002

References: LTL 19/9/2002 : [2002] ICR 1433 : (2003) 70 BMLR 188

AHMED HUSSAIN v KING’S COLLEGE HOSPITAL NHS TRUST (2002)

An NHS trust’s participation in a doctors’ specialist training scheme under which appointments to training posts with the trust were made by the Postgraduate Dean amounted to an “arrangement” made for the purpose of determining who should be offered employment within the terms of the Race Relations Act 1976 s.4(1)(a). A doctor was therefore entitled to bring a claim of race discrimination against the trust following the rejection of his application for a post.

LOCAL GOVERNMENT – NEGLIGENCE – CIVIL PROCEDURE – CPR – ADMINISTRATIVE LAW CA

(Civ Div) (Robert Walker LJ, May LJ, Tuckey LJ) 14/03/2000

References: LTL 14/3/2000 : [2001] Fam 313 : [2001] 2 WLR 909 : [2000] 3 All ER 346 : [2000] 1 FLR 825 : [2000] 2 FCR 345 : (2000) 2 LGLR 848 (2000) 3 CCL Rep 294 : [2000] Fam Law 474 : Independent, March 24, 2000

S v GLOUCESTERSHIRE COUNTY COUNCIL : L v (1) TOWER HAMLETS LONDON BOROUGH COUNCIL (2) HAVERING LONDON BOROUGH COUNCIL (2000)

Common law negligence claims may be available to a person damaged by the failings of a local authority responsible under statutory powers for that person’s care and upbringing, if the failings were of a kind which were justiciable. The local authority could not rely on blanket immunity, and child abuse cases were not bound to fail as a class. There was an arguable existence of a duty arising from a local authority’s selection of foster parents. * Leave to appeal to the House of Lords refused.

CIVIL PROCEDURE – PROFESSIONAL NEGLIGENCE – NEGLIGENCE

Ch D (Judge Boggis QC) 24/11/1999

References: LTL 26/11/99 EXTEMPORE

SAHIDUR RAHMAN V (1) MOHIBUR RAHMAN (2) ANITA BOSE (1999)

Taking all factors into account the Master had been correct not to set aside the default judgment as the defence had no real prospect of success, there had been a long delay and there would be prejudice to the claimant.

CRIMINAL EVIDENCE CA

(Civ Div) (Waller LJ, Sir Iain Glidewell) 14/01/1999

References: LTL 14/1/99 EXTEMPORE

FITZGERALD OMO-ETIOBIO (PLAINTIFF) V AMERICAN EXPRESS EUROPE LTD (DEFENDANT) (1999)

Discontinuance of an action was a procedure provided for by CCR O.18 and it was a voluntary act which a plaintiff could not be ordered to do. * Leave to appeal to the House of Lords refused.

HEALTH – PERSONAL INJURY – CIVIL PROCEDURE CA

(Civ Div) (Potter LJ, Mummery LJ) 22/04/1997

References: LTL 22/4/97 : [1997] PIQR P531 : [1997] 8 Med LR 293 : (1997) 38 BMLR 126 : Times, May 2, 1997

MARGARET ANNE SAXBY V DR PAUL MORGAN (1997)

As to date of knowledge for limitation purposes and the extension of validity of a writ in claim by mother against GP for failure to diagnose pregnancy and negligent advice in relation to possibility of a termination.

CA (Civ Div) (Beldam LJ, Bennett J) 17/04/1997

References: LTL 17/4/97 EXTEMPORE

CALLAGHAN V HIMACHAL ADVANCED CIRCUITS & ANOR (1997)

Seven months delay and misleading statements by a defendants’ solicitors during that period had prejudiced the plaintiff and justified the judge in setting aside an order granting the defendant leave to amend his pleadings.

EMPLOYMENT – CONTRACTS CA

(Civ Div) (Leggatt LJ, Potter LJ, Judge LJ) 7/02/1997

References: [1997] IRLR 453

WALLACE BOGAN & CO V COVE & ORS (1997)

An injunction obtained by a solicitor’s firm to prevent former employees from canvassing its clients was discharged where it was held that; in the absence of a suitable restrictive covenant which was a reasonable restraint of trade in the contract of employment, one would not be implied once the employment had ended.

COMPANY LAW CA

(Civ Div) (Rose LJ, Aldous LJ, Sir Iain Glidewell) 16/02/1996

References: LTL 21/9/98 : [1996] 2 All ER 391 : [1996] 2 BCLC 500 :

HARE & ORS v CUSTOMS AND EXCISE COMMISSIONERS & ANOR (1996)

Court’s powers to appoint a receiver of companies where the shareholders were charged with excise offences but the companies had never been charged.

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