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England and Wales Case Law

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Commercial law

Dr Zeyn Bharucha v Dr Riyaz Patel & Anor

Partnership dispute between dentists over alleged misappropriation, with the court staying the claims for arbitration and discharging freezing and proprietary injunctions for non-disclosure.

  • Freezing injunctions
  • Asset preservation
  • Arbitration stay
  • Material non-disclosure
  • Partnership disputes
  • Jurisdiction under arbitration act s.44
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Partnership law [2024] EWHC 2689 (Ch)

Abrey v Abrey & Ors

Abrey v Abrey & Ors [2024] EWHC 2689 (Ch) (31 October 2024)

Interim injunction granted to protect a partner’s management rights in a family farming partnership, limited by working arrangements and business divisions.

  • Partner exclusion
  • Management rights
  • Interim relief
  • Arbitration stay
  • Balance of convenience
  • Partnership-law
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Tax law

Scrimshaw Wealth Management Limited v The Commissioners for HMRC

The stay application is dismissed because any arbitral award would not bind HMRC, who is not a party to the arbitration, and the tribunal can determine the validity of the trust itself. The appellant has not complied with the direction to provide further and better particulars, and unless it does so within 14 days, its application to amend grounds of appeal will be dismissed.

  • Corporation tax
  • Paye
  • Nic
  • Remuneration trust
  • Arbitration stay
  • Amendment of grounds of appeal
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Landlord and tenant [2023] EWHC 1925 (Ch)

Martin's Commercial Ltd v Cineworld Cinemas Holdings Ltd

Martin's Commercial Ltd v Cineworld Cinemas Holdings Ltd [2023] EWHC 1925 (Ch) (26 July 2023)

The High Court held that the Commercial Rent (Coronavirus) Act 2022 applied to pre-10 November 2021 proceedings and that a stay could be granted using inherent jurisdiction.

  • Commercial rent (coronavirus) act 2022
  • Protected rent debt
  • Arbitration stay
  • Retrospective legislation
  • Court's inherent jurisdiction
  • Commercial-rent-coronavirus-act-2022
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Commercial law [2023] EWHC 131 (Comm)

Gravelor Shipping Ltd v GTLK Asia M5 Ltd & Anor

Gravelor Shipping Ltd v GTLK Asia M5 Ltd & Anor [2023] EWHC 131 (Comm) (27 January 2023)

Commercial Court summary judgment decision on bareboat charterparties, sanctions, and specific performance, holding that payment could be made in euros into a compliant account subject to clause 19.3.

  • Bareboat charterparties
  • Specific performance
  • Sanctions compliance
  • Summary judgment
  • Arbitration stay
  • Payment mechanisms under sanctions
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Construction law

Northumbrian Water Limited v Doosan Enpure Limited & Anor

The High Court enforced an adjudicator’s decision in a construction dispute and refused a stay for arbitration, holding the decision was binding and enforceable.

  • Adjudication enforcement
  • Arbitration stay
  • Summary judgment
  • Dispute resolution clauses
  • Adjudication-enforcement
  • Arbitration-stay
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Construction law [2022] EWHC 1443 (TCC)

The Metropolitan Borough Council of Sefton v Allenbuild Ltd

The Metropolitan Borough Council of Sefton v Allenbuild Ltd [2022] EWHC 1443 (TCC) (20 June 2022)

The court refused a stay for arbitration and granted summary judgment enforcing an adjudicator’s award. It held the arbitration clause did not cover enforcement proceedings.

  • Adjudication enforcement
  • Arbitration stay
  • Summary judgment
  • Jurisdiction of adjudicator
  • Interpretation of dispute resolution clauses
  • Adjudication-enforcement
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Private international law

LOUDMILA BOURLAKOVA & Ors v OLEG BOURLAKOV & Ors

The High Court refused jurisdiction challenges, service-out challenges, a forum non conveniens stay, and an arbitration stay in a complex family asset dispute.

  • Jurisdiction challenge
  • Forum non conveniens
  • Service out of jurisdiction
  • Extension of claim form
  • Arbitration stay
  • Recognition and enforcement of foreign judgments
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Private international law [2022] EWHC 1269 (Ch)

Bourlakova v Bourlakov

Bourlakova v Bourlakov [2022] EWHC 1269 (Ch) (26 May 2022)

Jurisdiction challenge in a major cross-border fraud and asset dispute, involving service out, forum non conveniens, arbitration issues, and parallel Monaco proceedings.

  • Jurisdiction challenge
  • Service out of jurisdiction
  • Forum non conveniens
  • Stay of proceedings
  • Fraudulent misrepresentation
  • Unlawful means conspiracy
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Company law [2020] EWHC 2719 (Ch)

Naibu Global International Company PLC & Anor v Daniel Stewart & Company PLC & Anor

Naibu Global International Company PLC & Anor v Daniel Stewart & Company PLC & Anor [2020] EWHC 2719 (Ch) (14 October 2020)

High Court decision on implied retainer, reflective loss, and arbitration stay. Most diminution-in-share-value losses were struck out; limited amendment was allowed.

  • Implied retainer
  • Duty of care
  • Reflective loss
  • Arbitration stay
  • Negligence
  • Shareholder claims
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.