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England and Wales decisions
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The High Court dismissed a strike-out and summary judgment application in a probate dispute over whether a 2021 will was valid and whether earlier Court of Protection findings bound the estate.
Given the potential prejudice to a large class of beneficiaries from the trustees' proposed exercise of a power of advancement, and in light of the requirement for issue estoppel protection established by Denaxe Ltd v Cooper, it is appropriate to join an independent solicitor as representative defendant to ensure all interests are represented and bound by the court's decision.
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There was a clear agreement and understanding between the husband and RT that the farmhouse, land, and buildings were not partnership assets. The wife failed to discharge the burden of proof to show otherwise. The mere inclusion of assets in partnership accounts does not make them partnership property. Only those assets reflected in the husband's current and capital account are partnership assets for the purposes of the financial remedy proceedings.
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No real prospect of success on any ground of appeal; no substantiated fraud, cross-claims were considered and rejected, and the bankruptcy order was not an abuse of process.
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Haddad v Rostamani & Ors [2026] EWHC 734 (Ch) (25 March 2026)
The High Court refused permission to appeal in a bankruptcy matter, rejecting arguments about fraud, cross-claims, and alleged abuse of process.
Hulley Enterprises Ltd & Ors v The Russian Federation [2026] EWHC 456 (Comm) (02 March 2026)
The court rejected the Russian Federation’s public policy objections to enforcing the Yukos awards, save for a limited point on costs.
Total Electric Solutions Ltd & Anor v Nortek Electrical Circuits Ltd [2026] EWHC 404 (Ch) (27 February 2026)
The High Court refused permission to amend pleadings in a contract and IP dispute, finding the proposed oral contract, implied terms, and Ardent claims insufficiently pleaded and unsupported.
The Upper Tribunal held that HMRC should have pleaded dishonesty in the earlier VAT appeal; relying on those findings in later DLN proceedings was unfair and abusive.
CC/Devas (Mauritius) Ltd & Ors v The Republic of India [2026] EWHC 414 (Comm) (25 February 2026)
The Commercial Court construed a prior order in Devas/India litigation as allowing Dutch-law expert evidence on procedural fairness of the Indian Supreme Court judgment.
Zavarco Plc v Nasir [2026] EWHC 338 (Ch) (23 February 2026)
The High Court held Zavarco’s claim for €36 million was prima facie time barred because the payment obligation accrued on share subscription in 2011.
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