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England and Wales Case Law

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Insolvency [2024] EWHC 2060 (Ch)

Wood & Anor v Desai & Anor

Wood & Anor v Desai & Anor [2024] EWHC 2060 (Ch) (05 August 2024)

The High Court held that costs of a directions application in Boscolo Ltd’s liquidation should come from the insolvent estate, and refused permission to appeal and a stay.

  • Liquidation
  • Costs
  • Proprietary interest
  • Insurance monies
  • Permission to appeal
  • Stay of proceedings
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Civil procedure [2022] EWHC 3056 (Ch)

East-West United Bank SA v Gusinski & Ors

East-West United Bank SA v Gusinski & Ors [2022] EWHC 3056 (Ch) (05 December 2022)

The High Court refused summary disposal of a dispute over whether promised funds were subject to a proprietary interest, leaving that issue for trial.

  • Summary judgment
  • Strike out
  • Constructive trust
  • Equitable assignment
  • Breach of trust
  • Unlawful means conspiracy
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Property law [2022] EWHC 3018 (Ch)

Hush Brasseries Ltd v Rlukref Nominees (UK) One Ltd & Anor

Hush Brasseries Ltd v Rlukref Nominees (UK) One Ltd & Anor [2022] EWHC 3018 (Ch) (01 December 2022)

The High Court held that an option termination clause operated as a forfeiture provision, granted relief from forfeiture, and reinstated the option unconditionally.

  • Relief from forfeiture
  • Options to renew lease
  • Proprietary interest
  • Forfeiture provisions
  • Landlord and tenant
  • Relief-from-forfeiture
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Equity [2022] EWCA Civ 43

Byers & Ors v The Saudi National Bank

Byers & Ors v The Saudi National Bank [2022] EWCA Civ 43 (27 January 2022)

Court of Appeal held that knowing receipt requires a continuing proprietary interest and dismissed the appeal after finding SICL’s interest was extinguished under Saudi law.

  • Knowing receipt
  • Breach of trust
  • Proprietary interest
  • Foreign law
  • Block discount valuation
  • Knowing-receipt
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Insolvency [2018] EWCA Civ 2256

Crumpler & Anor v Candey Ltd

Crumpler & Anor v Candey Ltd [2018] EWCA Civ 2256 (16 October 2018)

The Court of Appeal held that Peak retained a proprietary interest in money paid into court, so it could validly grant Candey a charge over the funds.

  • Floating charge
  • Proprietary interest
  • Money paid into court
  • Liquidation
  • Security for costs
  • Money-paid-into-court
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Commercial law [2010] EWHC B3 (Mercantile)

Welcome Financial Services Ltd v Nine Regions Ltd. (t/a Log Book Loans)

Welcome Financial Services Ltd v Nine Regions Ltd. (t/a Log Book Loans) [2010] EWHC B3 (Mercantile) (22 April 2010)

The High Court held that a logbook-loan lender was not a “private purchaser” under the Hire Purchase Act 1964, so the original financier was entitled to the sale proceeds.

  • Hire purchase
  • Bills of sale
  • Proprietary interest
  • Nemo dat quod non habet
  • Statutory exceptions
  • Private purchaser definition
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Property law [2007] EWCA Civ 939

Terry, Estate of v London Borough of Tower Hamlets

Terry, Estate of v London Borough of Tower Hamlets [2007] EWCA Civ 939 (20 September 2007)

The Court of Appeal directed that two related applications for permission to appeal be heard together, citing efficiency and the overlap between the issues.

  • Right to buy
  • Proprietary interest
  • Injunctions
  • Appeal procedure
  • Civil-procedure
  • Appeal-procedure
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Property law

Terry, Estate of v London Borough of Tower Hamlets

The Court of Appeal directed that two related permission-to-appeal applications be heard together, with a composite bundle, separate skeletons, and expedition.

  • Right to buy
  • Proprietary interest
  • Injunctions
  • Case management
  • Case-management
  • Court-of-appeal
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.