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England and Wales decisions
Decisions matching the current search
The High Court held that two spouses’ trust and loan arrangements were shams and also satisfied section 423 Insolvency Act 1986, with related property transactions unwound.
The High Court dismissed Rasmala’s restitution claim over five payments to Trafigura, holding that Trafigura’s change of position defence succeeded.
Rasmala Trade Finance Fund v Trafigura Pte Ltd [2025] EWHC 1569 (Ch) (23 June 2025)
The High Court dismissed Rasmala’s restitution claim over five payments made to Trafigura after Farlin fraudulently used forged contracts and TPAs.
The High Court refused summary judgment in a restitution claim arising from void finance contracts, finding the defendant had a triable change of position defence.
Somerset Equipment Finance (UK) Ltd v Lan Support Ltd [2025] EWHC 586 (Comm) (14 March 2025)
The High Court refused summary judgment in a restitution claim, holding the defendant had a real prospect of advancing a change of position defence.
The High Court held that advance payments made under a steel-supply agreement had to be repaid in unjust enrichment after the supply basis failed.
HCL is estopped from contending the payments are capable of validation due to prior determination by HHJ Kelly, and no special circumstances exist to reopen the issue. Consequently, HCL's change of position defence fails, and restitution is ordered for the remaining sum.
Source excerpt
Banca Intesa Sanpaolo Spa & Anor v Comune Di Venezia [2023] EWCA Civ 1482 (13 December 2023)
Court of Appeal judgment on Venice interest rate swaps, addressing capacity under Italian law, restitution, change of position, and limitation.
James Court Ltd (In Liquidation) v Hindsight Contractors Ltd [2023] EWHC 1101 (Ch) (09 May 2023)
The High Court held that Hindsight Contractors Ltd was estopped from rearguing validation of void payments and rejected its change of position defence.
Commercial Court judgment on Venice’s swap transactions, addressing Italian-law capacity, mandatory rules, restitution, and related advisory claims.
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