England and Wales Case Law

Ping Fai Yuen v Fun Yung Li & Anor

Claims in conversion are struck out as English law does not permit conversion of intangible property such as Bitcoin; trespass to goods is not struck out at this stage pending possible amendment; security for costs is refused due to overwhelming evidence, assets within jurisdiction, and unreliable cost estimates; substituted service is granted for Second Defendant.

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• Digital assets
• Conversion
• Trespass to goods
• Unjust enrichment
• Breach of confidence
• Misuse of private information

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Persimmon Homes Limited v Harding Estates (East Anglia) Limited & Anor

Summary judgment was granted for the defendants on liability for Claim 2. The court held Persimmon had no realistic prospect of proving an extension of time.

• Summary judgment
• Construction of contractual approval/consent provisions
• Infrastructure works
• Attenuation pond relocation
• Extension of time
• Highways act 1980 section 38 and section 278 agreements

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MDM Civil Engineering Limited v Scott Morgan

The Upper Tribunal modified a recent restrictive covenant to allow a third dwelling, finding the covenant no longer gave Rysa a practical benefit of substantial value.

• Restrictive covenants
• Modification of covenant
• Section 84 law of property act 1925
• Grounds (a), (aa) and (c)
• Discretionary modification
• Planning permission

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Rose Builders (Properties) Limited v Alpha Trust

The High Court held that the covenant benefit over the Green Land had not passed to Alpha Trust, but had been transferred in relation to the Sliver.

• Restrictive covenant
• Overage agreement
• Assignment of benefit
• Estoppel by deed
• Contract interpretation
• Planning permission

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Wey Bridging Finance Limited v Adam Wayne Marlow & Anor

The court found that the 2019 Facility was valid, supported by consideration, free from duress, unconscionable dealing, or unfair relationship, and enforceable against Mr Marlow. The Option agreement was breached by LFL granting leases with rights of way, constituting a substantial breach, and was validly terminated, entitling the Claimant as assignee to recover the sums paid.

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• Loan facility agreements
• Economic duress
• Unconscionable bargains
• Unfair relationship under consumer credit act
• Option agreements
• Assignment of claims

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South Bank Hotel Management Company Limited v Galliard Hotels Limited & Ors

Section 21(1)(b) of the Limitation Act 1980 applies to South Bank's claim against Mr Conway as a director/trustee because the grant of the Lease and Underlease constituted a conversion of trust property to his use, so the claim is not statute-barred; clause 9 of the Room Leases imposed a continuing obligation on Hotels, which was breached on a continuing basis, entitling South Bank to damages; section 44(5) of the Companies Act 2006 does not validate the Lease and Underlease because the purchasers were not in good faith, and South Bank is not estopped from denying due execution; the issues of…

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• Directors' duties
• Limitation of actions
• Execution of deeds by companies
• Breach of lease
• Estoppel
• Equitable remedies

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MacDougall v Lloyd Philip Thomas & Ors

MacDougall v Lloyd Philip Thomas & Ors [2026] EWHC 1142 (Ch) (21 May 2026)

High Court probate dispute over Jeanne MacDougall’s 2011 will, capacity, undue influence, ademption, proprietary estoppel, and alleged attorney breaches under an LPA.

• Validity of wills
• Testamentary capacity
• Undue influence
• Ademption
• Attorney duties under lpa
• Proprietary estoppel

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Gary Alexander MacDougall v Lloyd Philip Thomas & Ors

The court upheld Jeanne MacDougall’s 2011 will and 2013 codicil, rejected a proprietary estoppel claim, and addressed capacity, undue influence, ademption, and attorney breaches.

• Testamentary capacity
• Knowledge and approval
• Testamentary undue influence
• Lifetime gifts—undue influence
• Attorney's duties under lpa
• Ademption

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Jennings & Anor v Appleby

Jennings & Anor v Appleby [2026] EWHC 1161 (Ch) (19 May 2026)

The High Court held that the Lloyd Trust did not become void for administrative unworkability after creation. The trustees’ decision to terminate and distribute was approved.

• Administrative unworkability
• Certainty of objects
• Termination of trust
• Distribution of trust assets
• Administrative-unworkability
• Certainty-of-objects

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Siem & Ors v Womble Bond Dickinson (UK) LLP

Siem & Ors v Womble Bond Dickinson (UK) LLP [2026] EWHC 1168 (Ch) (18 May 2026)

Professional negligence claim dismissed after the High Court held WBD had not breached any duty in relation to warranty protections and retention advice.

• Solicitor's duty of care
• Breach of duty
• Causation
• Loss of chance
• Warranty protections
• Retention provisions

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