England and Wales Case Law

BG Atlantic Inc v Hay Hill Investments Ltd

The Defendant's pleaded and argued fraud and public policy defences have no realistic prospect of success because they do not allege or evidence fraud practised on the New York Court, nor do they show that enforcement of the New York judgment itself would be contrary to English public policy. The alleged historic or background fraud relating to the source of the funds is not sufficient to defeat enforcement of a foreign judgment under English law. There is no operative fraud, no duty of disclosure breached, and no public policy reason to refuse enforcement. The Defendant's attempt to raise th…

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• Enforcement of foreign judgments
• Fraud as a defence to enforcement
• Public policy exception
• Summary judgment
• Illegality doctrine

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Vytas Karpavicius & Anor v John Waites

The court found that the provision of purchase monies by Mr Waites, despite being labelled as a loan for stamp duty purposes, gave rise to a resulting trust in his favour. The doctrine of illegality, as clarified in Patel v Mirza, did not bar enforcement of the resulting trust, as denial of the claim would be disproportionate and not serve the public interest, especially since the correct stamp duty was paid and all parties were aware of the arrangement.

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• Resulting trusts
• Illegality doctrine
• Stamp duty avoidance
• Presumption of advancement

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Majid Ali v HSF Logistics Polska SP Zoo

The absence of a valid MOT certificate does not bar recovery of credit hire charges under the causation defence where the claimant suffered real inconvenience and need for transport as a result of the defendant’s tort. The causation defence is, in substance, an ex turpi causa argument and must be subject to proportionality. Given the minor nature of the MOT offence, it would be disproportionate to deny recovery. The claimant is entitled to recover the hire charges in full.

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• Credit hire claims
• Loss of use
• Mitigation of loss
• Ex turpi causa
• Causation in tort
• Illegality doctrine

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Karpavicius & Anor v Waites

Karpavicius & Anor v Waites [2023] EWHC 2051 (Ch) (07 August 2023)

High Court appeal over land ownership found that Mr Waites, who provided the purchase money, was the beneficial owner under a resulting trust despite the transaction being labelled a loan.

• Resulting trusts
• Illegality doctrine
• Stamp duty avoidance
• Beneficial ownership
• Presumption of advancement
• Resulting-trusts

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Balwant Singh Gill v Jashpal Singh Thind & Ors

High Court trial on ownership of family company shares and an unfair prejudice petition. The court found trusts for JIL, Simicare and JEL, held the trust deeds were forged, and dismissed the claim and petition.

• Express trusts
• Resulting trusts
• Beneficial ownership of shares
• Forgery of trust deeds
• Section 994 companies act petition
• Rectification of register

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Dr Reddy's Laboratories (UK) Ltd & Ors v Warner-Lambert Company LLC

Dr Reddy's Laboratories (UK) Ltd & Ors v Warner-Lambert Company LLC [2022] EWHC 189 (Pat) (03 February 2022)

The Patents Court refused most of Pfizer’s late amendment applications in the pregabalin damages inquiry, but allowed some amendments only in principle subject to particulars.

• Cross-undertaking in damages
• Unjustifiable threats
• Patent infringement
• Illegality doctrine
• Case management
• Amendment of pleadings

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Kitover v Galmarley Ltd (t/a Bullionvault.Com) & Anor

The High Court held that Mr Kitover and Mr Haller were the same person and ordered release of 3.961kg of gold bullion to Mr Kitover.

• Stakeholder proceedings
• Illegality doctrine
• Identity verification
• Ownership of property
• Stakeholder-proceedings
• Illegality-doctrine

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Kitover v Galmarley Ltd (t/a Bullionvault.Com) & Anor

Kitover v Galmarley Ltd (t/a Bullionvault.Com) & Anor [2021] EWHC 809 (Ch) (01 April 2021)

The High Court held that Earl Richmond Kitover and Paul Haller were the same person and ordered Bullionvault to release 3.961kg of gold bullion to Kitover.

• Illegality doctrine
• Identity verification
• Stakeholder proceedings
• Bailment
• Money laundering
• Forgery

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XX v Whittington Hospital NHS Trust

The Court of Appeal held that damages could cover commercial surrogacy abroad and donor-egg surrogacy, and adjusted the PSLA award to £150,000.

• Damages assessment
• Surrogacy
• Infertility
• Restorative compensation
• Public policy
• Illegality doctrine

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XX v Whittington Hospital NHS Trust

XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832 (19 December 2018)

Court of Appeal considered whether a claimant could recover damages for commercial surrogacy abroad and donor-egg surrogacy after negligent delay in diagnosing cervical cancer.

• Damages assessment
• Surrogacy expenses
• Illegality doctrine
• Public policy
• Restorative damages
• Medical-negligence

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