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England and Wales decisions
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Beneathco DMCC v R.J. O'Brien Ltd [2025] EWHC 3079 (Comm) (24 November 2025)
The High Court dismissed Beneathco DMCC’s claim for payment of client funds, holding RJOL was only obliged to pay Beneathco itself in USD and not a nominated currency or third party.
Christophi & Ors v RP Design and Construction Ltd & Ors [2025] EWHC 1817 (Ch) (16 July 2025)
The High Court found the parties’ original arrangement was a loan, not a trust of shares, and dismissed claims for breach of trust and related relief.
The adjustment provision in the GDP-linked securities requires an annual adjustment to the Base Case GDP for each year after a rebasing, using a fraction based on GDP measured in both the new and original base years for each year. The language of the provision is clear and cannot bear the meaning contended for by the Republic. There is an implied term requiring the Republic to publish the necessary GDP data in the original base year series. The Chartbrook principle does not apply as there is no clear mistake or obvious correction. The Republic's alternative (Hubbard Deflator) construction is…
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The Employment Tribunal erred in concluding that the dismissal was fair and within the range of reasonable responses. The Tribunal failed to properly consider the claimant’s genuine, albeit mistaken, belief about his contractual rights, the lack of communication regarding the policy change, and the procedural deficiencies in the disciplinary process. The findings regarding fairness were at odds with the Tribunal’s own factual findings, and no reasonable tribunal, properly directing itself, could have found the dismissal fair in these circumstances.
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Wood & Anor v Desai & Anor [2024] EWHC 1893 (Ch) (24 July 2024)
The High Court held that insurance monies paid to an insolvent company belonged beneficially to the company, not on trust for its clients.
The Supreme Court held that a bank must execute a customer’s valid payment instructions and the Quincecare duty does not extend to authorised push payment fraud.
The Employment Appeal Tribunal dismissed an appeal over furlough pay, holding the CJRS did not create employee rights against the employer and the contract was varied by agreement.
Cooper v Dnata Catering Services Ltd [2022] EWHC 2216 (Comm) (31 August 2022)
Commercial Court judgment dismissing a minority shareholder’s unfair prejudice-style claim over early termination of a supply arrangement and a failed duty reclaim.
The Court of Appeal held it was arguable that Quincecare could apply to APP fraud and set aside summary judgment, so the case should proceed to trial.
Philipp v Barclays Bank UK Plc [2022] EWCA Civ 318 (14 March 2022)
Court of Appeal held it was properly arguable that Quincecare may apply to an individual victim of APP fraud, so strike out was set aside and the case sent to trial.
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