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England and Wales decisions
Decisions matching the current search
The Commercial Court partly struck out a defence and counterclaim for inadequate pleading, but left valuation and appropriation issues for trial.
Appeal over voting rights in a creditors’ voluntary liquidation. The court recalculated proofs of debt, excluded the respondent’s vote, and found material irregularity.
The High Court sanctioned a scheme of arrangement transferring Charter Court Financial Services Group Plc shares to OneSavings Bank Plc in exchange for new OSB shares.
Moorjani & Ors v Durban Estates Ltd & Anor [2019] EWHC 1229 (TCC) (15 May 2019)
The High Court struck out a leaseholder’s second disrepair claim against the former freeholder as barred by cause of action estoppel, merger, and abuse of process.
The High Court struck out Mr Moorjani’s claim against Durban Estates, holding it was barred by cause of action estoppel and, alternatively, abuse of process.
Appeal over a charging order: the court held contractual interest continued until sale of the secured property, but the charging order had to be varied to the correct sum.
The Privy Council held that a default judgment against one defendant did not bar a negligence and contract claim against the respondent employer.
EDF Energy Networks (EPN) Plc v BOH Ltd & Ors [2009] EWHC 3193 (Ch) (04 December 2009)
The High Court held that EDF’s lease continued under the Landlord and Tenant Act 1954. A section 25 notice by one severed reversioner was invalid.
The High Court held that an October 2000 assignment did not surrender a head lease, but that the 1999 rent review machinery had not been validly exercised.
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