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England and Wales Case Law

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Company law

Fitrite Fencing and Decking Limited v John Ross & Anor

The High Court dismissed applications to strike out a claim, discharge injunctions, and require fortification. Covert recordings were admitted only for the applications.

  • Fiduciary duties of directors
  • Settlement agreements
  • Injunctions (freezing and proprietary)
  • Disclosure and admissibility of evidence
  • Attribution of knowledge to companies
  • Summary judgment and strike out
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Equity and trusts

L&S Accounting Firm Umbrella Ltd v Shiloh Holdings Ltd

Shiloh is bound by the 2024 Judgment as a privy and by abuse of process; the funds used to acquire the properties can be traced to assets misappropriated from Umbrella; all elements of knowing receipt are established against Shiloh, including knowledge attributable from Mr and Mrs Oronsaye; Shiloh's defences are wholly without merit; summary judgment is granted for Umbrella establishing a constructive trust over the properties in the specified proportions.

  • Knowing receipt
  • Constructive trust
  • Tracing
  • Res judicata and abuse of process
  • Summary judgment
  • Fiduciary duties
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Civil procedure [2024] EWHC 172 (Ch)

Patel v Minerva Services Delaware, Inc. & Ors

Patel v Minerva Services Delaware, Inc. & Ors [2024] EWHC 172 (Ch) (05 February 2024)

The High Court allowed most of a proposed amendment to plead malicious prosecution and abuse of process in an unlawful means conspiracy claim, including in relation to foreign proceedings.

  • Amendment of pleadings
  • Unlawful means conspiracy
  • Malicious prosecution
  • Abuse of process
  • Jurisdiction over foreign proceedings
  • Attribution of knowledge to companies
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Company law

Moore Stephens (A Firm) v Stone & Rolls Ltd (In Liquidation)

The Court of Appeal held that Stone & Rolls’ claim against its auditors was barred by ex turpi causa because it relied on the company’s own fraud.

  • Attribution of knowledge to companies
  • Illegality defence (ex turpi causa)
  • Auditor's duty of care
  • Liquidation and claims by insolvent companies
  • Company-law
  • Professional-negligence
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Civil procedure [2006] EWHC 3249 (Ch)

Real Estate Opportunities Ltd v Aberdeen Asset Managers Jersey Ltd & Ors

Real Estate Opportunities Ltd v Aberdeen Asset Managers Jersey Ltd & Ors [2006] EWHC 3249 (Ch) (15 December 2006)

The High Court held that section 348 FSMA does not bar disclosure of FSA interview transcripts insofar as they record information already known to the recipient, subject to redaction of protected material.

  • Disclosure of documents
  • Confidential information
  • Financial services and markets act 2000
  • Redaction
  • Attribution of knowledge to companies
  • Civil-procedure
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Civil procedure

Real Estate Opportunities Ltd v Aberdeen Asset Managers Jersey Ltd & Ors

The High Court held that section 348 FSMA does not bar disclosure of FSA interview transcripts to the extent they record information already known to the recipient, subject to redaction.

  • Disclosure of documents
  • Confidential information
  • Financial services and markets act 2000
  • Redaction
  • Attribution of knowledge to companies
  • Document-disclosure
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Professional negligence [2005] EWHC 1382 (Ch)

3M United Kingdom Plc & Anor v Linklaters & Paines

3M United Kingdom Plc & Anor v Linklaters & Paines [2005] EWHC 1382 (Ch) (01 July 2005)

A solicitors’ negligence claim was held time-barred under section 14A of the Limitation Act 1980 because the claimants had the necessary knowledge by 30 August 1995.

  • Limitation period for negligence
  • Attribution of knowledge to companies
  • Section 14a limitation act 1980
  • Constructive knowledge
  • Latent damage
  • Professional-negligence
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Insolvency law [2005] EWCA Civ 836

Bank of India v Morris & Ors

Bank of India v Morris & Ors [2005] EWCA Civ 836 (22 June 2005)

The Court of Appeal dismissed the appeal and cross-appeal, ordered Bank of India to pay 80% of the liquidators’ appeal costs, and refused permission to appeal.

  • Attribution of knowledge to companies
  • Section 213 insolvency act 1986
  • Costs orders
  • Permission to appeal
  • Costs-orders
  • Permission-to-appeal
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Civil procedure

Stolzenberg & Ors v CIBC Mellon Trust Co Ltd & Ors

The Court of Appeal refused permission on a conspiracy issue and upheld refusal of relief from sanctions after deliberate non-compliance with unless orders.

  • Relief from sanctions
  • Conspiracy
  • Attribution of knowledge to companies
  • Freezing orders
  • Default judgments
  • Jurisdictional challenges
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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.