England and Wales Case Law

June Dorothy Marshall & Anor v Dean Kimberley Marshall & Anor

The defendants made a clear pre-action admission in formal correspondence that the partnership dissolved on Peter's death, which was relied upon by the claimants. The defendants failed to provide a full and frank explanation for withdrawal, acted with undue delay, and maintained their change of position on a without prejudice basis for years. The interests of justice, conduct, and grounds for withdrawal all weigh against permitting withdrawal of the admission.

Source excerpt

• Dissolution of partnership
• Pre-action admissions
• Withdrawal of admissions
• Estoppel
• Cpr 14
• Winding up partnership

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M Jarosinski v Nestle UK Ltd

The EAT dismissed Mr Jarosinski’s appeal, holding that Nestle’s consolidated response was valid, any objection was waived, and the 100% remedy deductions were adequately reasoned.

• Reconsideration
• Et3 response
• Consolidated claims
• Unfair dismissal remedy
• Polkey reduction
• Contributory fault

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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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Ann Grimes (t/a The Cleveland Arms) & Ors v Liberty Mutual Insurance Europe SE

The High Court determined preliminary issues in a COVID-19 business interruption dispute over policy construction, notification, causation, and estoppel.

• Business interruption insurance
• Covid-19
• Policy construction
• Notification clauses
• Condition precedent
• Estoppel

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Grimes (t/a The Cleveland Arms) & Ors v Liberty Mutual Insurance Europe SE

Grimes (t/a The Cleveland Arms) & Ors v Liberty Mutual Insurance Europe SE [2026] EWHC 1195 (Comm) (20 May 2026)

Commercial Court preliminary issues in COVID-19 business interruption claims concerning policy construction, causation, notification, and estoppel.

• Business interruption insurance
• Covid-19 pandemic
• Policy construction
• Notification requirements
• Condition precedent
• Estoppel

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Trans Trade RK SA v Sebat Shipping and Trading Company

The High Court allowed an appeal on a section 69 point of law concerning demurrage, holding that laytime does not start on an invalid NOR absent agreement, waiver, or estoppel.

• Demurrage
• Laytime
• Notice of readiness
• Waiver
• Estoppel
• Voyage charterparty

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Voltaire Capital Holdings Ltd & Ors v Watson & Ors

Voltaire Capital Holdings Ltd & Ors v Watson & Ors [2026] EWHC 1103 (Comm) (24 April 2026)

The High Court refused a late application by William Gibson to add six counterclaims in a commercial fraud case, finding serious delay, prejudice, and weak pleading.

• Amendment of pleadings
• Counterclaims
• Fraud
• Estoppel
• Unlawful means conspiracy
• Knowing receipt

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Jill Leddington & Anor v Pamela Ann Sandercock & Anor

The High Court dismissed both a claim for a share of sale proceeds and a counterclaim over alleged profit-sharing, finding no binding contract, estoppel, or settlement agreement.

• Oral contracts
• Estoppel
• Settlement agreements
• Counterclaims
• Business arrangements
• Contract-law

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Voltaire Capital Holdings Limited & Ors v Eric Watson & Ors

The High Court refused a late application by William Gibson to add six counterclaims, holding they were too late, inadequately pleaded, and would jeopardise the trial date.

• Amendment of pleadings
• Counterclaims
• Limitation of actions
• Fraudulent misrepresentation
• Unlawful means conspiracy
• Knowing receipt

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Leddington & Anor v Sandercock & Anor

Leddington & Anor v Sandercock & Anor [2026] EWHC 938 (Ch) (24 April 2026)

The High Court rejected claims for a share of Arches’ sale proceeds and dismissed a related counterclaim over an alleged profit-share agreement.

• Existence and enforceability of oral agreements
• Variation of contract terms
• Counterclaim for profit share
• Estoppel
• Settlement agreements
• Oral-contract

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