England and Wales Case Law

South Bank Hotel Management Company Limited v Galliard Hotels Limited & Ors

Section 21(1)(b) of the Limitation Act 1980 applies to South Bank's claim against Mr Conway as a director/trustee because the grant of the Lease and Underlease constituted a conversion of trust property to his use, so the claim is not statute-barred; clause 9 of the Room Leases imposed a continuing obligation on Hotels, which was breached on a continuing basis, entitling South Bank to damages; section 44(5) of the Companies Act 2006 does not validate the Lease and Underlease because the purchasers were not in good faith, and South Bank is not estopped from denying due execution; the issues of…

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• Directors' duties
• Limitation of actions
• Execution of deeds by companies
• Breach of lease
• Estoppel
• Equitable remedies

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Novo Nordisk A/S & Anor v British Telecommunications & Ors

The High Court granted Novo Nordisk a website blocking injunction against ISPs targeting websites selling counterfeit and unlicensed prescription medicines.

• Website blocking injunctions
• Trade mark infringement
• Passing off
• Breach of human medicines regulations
• Isp liability
• Equitable remedies

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Luxe World Limited v Touch of Vogue Limited & Anor

The IPEC held that an account of profits is not available for actionable threats under the Registered Designs Act 1949 and struck out that relief.

• Registered designs
• Actionable threats
• Account of profits
• Court fees
• Equitable remedies
• Registered-designs

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Matthew Halstead Cobden v Daniel Halstead Cobden

The Court of Appeal upheld a Syers order allowing one brother to buy out the other in a dissolved farming partnership, rejecting the appeal against valuation-based relief.

• Dissolution of partnership
• Syers order
• Proprietary estoppel
• Valuation of partnership assets
• Equitable remedies
• Partnership-dissolution

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Cobden v Cobden

Cobden v Cobden [2025] EWCA Civ 1612 (12 December 2025)

Court of Appeal upheld a Syers order allowing one partner to buy out the other after dissolution of a farming partnership, finding an equity making sale unfair.

• Dissolution of partnership
• Syers order
• Proprietary estoppel
• Valuation of partnership assets
• Equitable remedies
• Partnership-dissolution

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The Estate of Euan Mcintyre Lindsay & Anor v Outlook Finance Limited & Anor

The High Court set aside a 2014 Manchester judgment for fraud and ordered a retrial against Outlook Finance and Mr Butcher, rejecting laches and abuse arguments.

• Setting aside judgment for fraud
• Equitable remedies
• Laches
• Agency liability
• Trespass
• Conversion

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Simon Smart v The Commissioners for HMRC

The appellant was the legal and beneficial owner of the relevant shares and thus entitled to the JCP distributions at the time they arose. The contractual arrangements, including pledges and set-off rights, did not negate his entitlement or receipt for tax purposes. The tribunal found no sufficient evidence of fraudulent misrepresentation or basis for rescission, and in any event, lacked jurisdiction to grant or apply such equitable remedies. The appeal was therefore dismissed and the assessments upheld.

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• Income tax
• Foreign income
• Dividends
• Entitlement to income
• Fraudulent misrepresentation
• Equitable remedies

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CB (Financial Remedies: Antisuit injunction), Re

The court found that England is the natural forum for the parties' disputes and has personal jurisdiction over the respondents, but DB's pursuit of child maintenance proceedings in India was not vexatious, oppressive, or unconscionable. The facts did not justify the grant of an anti-suit injunction, and comity with the Indian courts required restraint. The application was therefore dismissed.

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• Anti-suit injunctions
• Jurisdiction
• Forum non conveniens
• Child maintenance
• Habitual residence
• Comity

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The Kingdom of Spain v The London Steam-Ship Owners' Mutual Insurance Association Limited

Court of Appeal considered whether a Spanish judgment could be registered in England, and whether prior arbitration awards barred registration under Brussels I.

• Recognition and enforcement of foreign judgments
• Arbitration awards
• State immunity
• Public policy exception
• Res judicata
• Equitable remedies

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Jockey Club Racecourses Ltd v Persons Unknown & Ors

Jockey Club Racecourses Ltd v Persons Unknown & Ors [2024] EWHC 1786 (Ch) (09 July 2024)

The High Court continued a five-year newcomers injunction to protect Epsom racecourse from trespass and disruption by persons unknown linked to protest activity.

• Injunctions against persons unknown
• Trespass
• Protest law
• Equitable remedies
• Injunctions-against-persons-unknown
• Protest-law

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