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Recent judgments

Recent Chambers cases include:

  • Wharton v Bancroft costs judgment

    Reported: [2011] [2011] EWHC (Ch) 3250 & [2012] EWHC 91 (Ch)
    Members involved: Constance McDonnell
    Issues:

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  • Weavering v Peterson

    Reported: [2011] FSD113 of 2010 (AJJ)
    Members involved: David Lord QC
    Issues:

    A Cayman Case on the liability of directors of a hedge fund for “wilful neglect or default”.

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  • Fairfield Sentry v Julius Baer

    Reported: [2012] BVIHC (Comm) 30/2010
    Members involved: David Lord QC
    Issues:

    A BVI Case involving liquidators’ attempts to recover redemption payments alleged paid out in ignorance of the Madoff fraud.

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  • Seashell v Aviva

    Reported: [2012] EWHC 1761 (Comm)
    Members involved: David Lord QC
    Issues:

    The trial of preliminary issues concerning the construction of non-invalidation clauses and warranties in an insurance policy.

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  • Howell v Lees-Millais

    Reported: [2011] EWCA Civ 786
    Members involved: Gilead Cooper QC
    Issues:

    Court of Appeal decision on CPR Part 36 offers.

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  • Al-Sadi v Al-Sadi

    Reported: [2011] EWHC 976 (Comm)
    Members involved: Gilead Cooper QC
    Issues:

    Whether claimant can rely on amended pleading when defendant applies to set aside service out of the jurisdiction.

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  • Island Homes v Haq

    Reported: [2011] EWCA Civ 805
    Members involved: Sarah Asplin QC | Oliver Hilton
    Issues:

    Proprietary estoppel; subject to contract negotiations

  • British Arab Commercial Bank plc and ors v Ahmad Hamad Algosaibi and Brothers Company and ors

    Reported: [2011] EWHC 2444
    Members involved: Andrew Twigger QC
    Issues:

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  • Buzzoni v HMRC

    Reported: [2011] WTLR 1163
    Members involved: Matthew Slater
    Issues:

    Gifts with reservation of benefit, s 102, Finance Act 1986, ingredients of legal test for donor being
    'excluded or virtually excluded'

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  • Citibank v Robert

    Reported: [2011] 3 SLR 465
    Members involved: Teresa Rosen Peacocke
    Issues:

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  • Futter v Futter

    Reported: [2011] EWCA Civ 197
    Members involved: Richard Wilson | Jennifer Seaman
    Issues:

    Rule in Hastings-Bass

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  • Kumari Murphy vs Nicholas Courtauld Rayner, Aeternus Limited & Courtina Corp

    Reported: [2011] EWHC (Ch) 1
    Members involved: Teresa Rosen Peacocke
    Issues:

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  • Citibank NA v Robert

    Reported: [2011] SGHC 21
    Members involved: Teresa Rosen Peacocke
    Issues:

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  • Benedetti v Sawiris

    Reported: [2010] EWCA Civ 1427
    Members involved: Andrew Twigger QC
    Issues:

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  • Independent Trustee Services v GP Noble and Susan Norris

    Reported: [2010] EWHC 3275(Ch)
    Members involved: Anna Dilnot
    Issues:

    Civil Fraud

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  • Law Society of England & Wales v Habitable Concepts Ltd

    Reported: [2010] EWHC 1449 (Ch).
    Members involved: Fenner Moeran
    Issues:

    Issues: Mortgage fraud by solicitors.

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  • Law Society of England & Wales v Isaac & Isaac International Holdings Ltd

    Reported: [2010] EWHC 1670 (Ch)
    Members involved: Fenner Moeran
    Issues:

    Issues: Mortgage fraud by solicitors, dishonest assistance and conspiracy, tracing and asset recovery.

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  • PNPF Trust Co v Taylor (Pilots' National Pension Fund)

    Reported: [2010] EWHC 1573(Ch)
    Members involved: Sarah Asplin QC | Fenner Moeran
    Issues:

    Pensions; Construction of Scheme documents and powers; s 75 Contributions.

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  • CPC Group Ltd v Qatari Diar Real Estate Investment Company

    Reported: [2010] EWHC 1535(Ch)
    Members involved: Andrew Twigger QC
    Issues:

    Breach of Contract

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  • Futter v Futter

    Reported: [2010] EWHC 449
    Members involved: Richard Wilson
    Issues:

    Setting aside exercises of trustees' discretion under the Rule in Re Hastings-Bass

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  • Michael Wilson and Partners Limited v Nicholls and Ors

    Reported: [2009] NSWSC 1377
    Members involved: Joseph Carney
    Issues: Breaches of fiduciary duties – Equitable compensation – consequences of Defendants’ breach of disclosure obligations relevant to loss

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  • CPC Group Ltd v Qatari Diar Real Estate Investment Company

    Reported: [2009] EWHC 3204 (Ch)
    Members involved: Andrew Twigger QC
    Issues: Expedition; Claim solely for declaratory relief.

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  • Arjo Wiggins Ltd v Ralph

    Reported: [2009] EWHC 3198 (Ch)
    Members involved: Geoffrey Topham
    Issues: Jurisdiction of the Pensions Ombudsman; Limitation Periods; Maladministration

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  • In the Matter of M

    Reported: [2009] WTLR 1791
    Members involved: Charlotte Edge
    Issues:

    Statutory Wills; Charities

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  • Michael Wilson and Partners Limited v Nicholls and Ors

    Reported: [2009] NSWSC 1033
    Members involved: Joseph Carney
    Issues: Employees; Breaches of Fiduciary Duties and Dishonest Assistance; Misappropriation of Business Opportunities (AIM Listings); Remedies

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  • Cherney v Deripaska

    Reported: [2009] EWCA Civ 849
    Members involved: David Lord QC | James Weale | Geoffrey Vos QC
    Issues: Conflict of Laws, appropriate forum for trial of an action.

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  • Re Servoz-Gavin, Deceased

    Reported: [2010] 1 All ER 410
    Members involved: Gilead Cooper QC
    Issues:

    Nuncupative Wills – validity of an oral will made by a merchant seaman in service with a foreign vessel.

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  • Re A. C. Skelton Pension & Life Assurance Scheme, Capital Cranfield Trustees Ltd -v- Beck

    Reported: [2009] PLR 71, [2008] EWHC 3181(Ch)
    Members involved: Fenner Moeran
    Issues: Equalisation of pensions and construction of unilateral powers of employers.

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  • MCP Pension Trustees Ltd -v- Aon Pension Trustees Ltd

    Reported: [2009] EWHC 1351 (Ch)
    Members involved: Fenner Moeran
    Issues: Notice, knowledge and forgetfulness for Trustee Act 1925 s.27 advertisements.

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  • Benedetti v Sawiris

    Reported: [2009] EWHC 1330
    Members involved: Andrew Twigger QC | Geoffrey Vos QC
    Issues: Restitution

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  • Aspinall's Club Ltd v Fouad Al-Zayat

    Reported: [2008] EWHC 2101 (Comm)
    Members involved: David Lord QC
    Issues: Involved the legality of the provision of credit arrangements to finance gambling debts.

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  • Re Stedman

    Reported: [2009] EWHC 935 (Fam)
    Members involved: David Lord QC
    Issues: Reporting Restrictions.

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  • Cherney v Deripaska

    Reported: [2008] EWHC 1530 (Comm)
    Members involved: David Lord QC | Geoffrey Vos QC
    Issues: Service out of the jurisdiction.

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  • Jones & Ors v Firkin-Flood

    Reported: [2008] EWHC 2417 (Ch)
    Members involved: Gilead Cooper QC | Andrew Child
    Issues: Removal of trustees for breaches of duty including failure to supervise business assets controlled by the trust.

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  • Emmott v Michael Wilson & Partners

    Reported: [2009] EWHC 1 (Comm)
    Members involved: Joseph Carney | Anna Dilnot
    Issues: The Court’s powers under s. 42 Arbitration Act 1996 with regard to enforcement of a peremptory order made by a Tribunal.

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  • Office of Fair Trading v Abbey National Plc & Ors

    Reported: [2009] EWCA Civ 116
    Members involved: Geoffrey Vos QC
    Issues: Whether or not the OFT is entitled to assess the fairness of certain charges made by banks under the Unfair Terms in Consumer Contracts Regulations 1999

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