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England and Wales decisions
Decisions matching the current search
The High Court held that Weston Homes could terminate under clause 23.2.1 and recover its deposit, because the contract did not exclude termination based on the buyer’s own default.
Perrucci v Orlean Invest Holding Ltd [2022] EWHC 2038 (Comm) (02 August 2022)
Summary judgment in a consultancy contract dispute was refused in part. The court allowed an oral-conditions defence to proceed, rejected an implied-good-faith defence, and refused amendment on a services-request defence.
The Court of Appeal held that vessel owners could repossess after termination for default without first serving a clause 46(a)(i) notice, and refused relief against forfeiture.
The court held that a 25 April 2018 letter triggered a settlement agreement requiring liquidation of an investment portfolio and transfer of proceeds to a named account.
Olympic Council of Asia v Novans Jets LLP [2022] EWHC 88 (Comm) (19 January 2022)
The Commercial Court held OCA breached an aircraft lease by not paying a disputed invoice. Novans was entitled to terminate, but not to suspend performance.
CBPE Capital Fund VIII A LP & Ors v Taranissi & Anor [2021] EWHC 3067 (Ch) (16 November 2021)
On costs after trial, the court held the defendants were the overall successful party and ordered the claimants to pay costs on the standard basis, plus £350,000 on account.
De Havilland Aircraft of Canada Ltd v Spicejet Ltd [2021] EWHC 362 (Comm) (23 February 2021)
The High Court held that CO6 did not suspend payment obligations for later aircraft, rejected SpiceJet's finance-assistance defence, and upheld liquidated damages.
The High Court dismissed BWT’s appeal against rejection of part of its proof of debt in Force India’s liquidation, holding the contracts did not create a repayment debt.
The High Court dismissed an appeal against refusal to set aside a statutory demand, holding that Promontoria had established title to the assigned debt.
The Court of Appeal held that notice under a share sale indemnity was valid even though no third-party claims had yet been made against the company.
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