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England and Wales decisions
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Bharucha v Patel & Anor [2025] EWHC 3364 (Ch) (19 December 2025)
High Court decision in a dentists’ partnership dispute: the claim against the first defendant was stayed for arbitration, and injunctions obtained without notice were discharged for non-disclosure.
The High Court struck out a trust claim over English properties for lack of standing absent article 21 CBIR relief, but allowed a s.423 Insolvency Act claim to proceed.
Almeqham v Al-Sanea & Ors [2025] EWHC 322 (Ch) (14 February 2025)
The court struck out the trust claim for lack of standing without article 21 CBIR relief, but allowed the section 423 claim, continued the APO, and upheld service at the 2022 Act address.
There is a serious issue to be tried that Therium's proprietary claim survives the PACCAR decision because only the percentage-of-recovery DBA element is unenforceable, not the entire LFA; the trust arrangements over the settlement proceeds remain effective, and severance of unenforceable terms is arguable. Therefore, a proprietary injunction is justified over the entirety of the settlement proceeds pending arbitration.
Source excerpt
Consolidated Contractors (Oil and Gas) Company Sal (Acting By Mr Lee Manning As Receiver) v And: [2011] EWHC 837 (QB) (14 March 2011)
The High Court refused to discharge injunctions and a receivership order pending arbitration, but increased the cross-undertaking in damages to $1 million.
Consolidated Contractors (Oil and Gas) Company Sal (Acting By Mr Lee Manning As Receiver) v And: [2011] EWHC 837 (QB) (14 March 2011)
The High Court refused to discharge receivership and asset preservation orders in support of arbitration, but increased cross-undertaking fortification to $1 million.
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