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England and Wales decisions
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The court granted permission to amend particulars of claim in a joint venture dispute, struck out the original particulars, and ordered the claimant to pay costs.
The High Court restrained a winding-up petition, finding Alpha Schools had a substantial misrepresentation cross-claim and that Signal’s debt was disputed.
Power Projects Sanayi Insaat Ticaret Limited Sirketi v Star Assurance Company Ltd (Rev1) [2024] EWHC 2798 (Comm) (05 November 2024)
The High Court held that a claim on an on-demand performance bond could proceed under CPR Part 8, rejecting the issuer’s bid to convert it to Part 7.
Star's objections do not disclose a substantial dispute of fact as required to displace the Part 8 procedure; the only relevant defence to payment under the bond is fraud with actual knowledge at the time of demand, which is not established on the evidence. The facts relied on by Star amount to a dispute between PP and Glotec, not to fraud by PP or knowledge thereof by Star.
Source excerpt
Salter Property Investments Ltd v PCL Planning Ltd & Anor [2022] EWHC 2115 (Ch) (12 August 2022)
The High Court granted permission to amend a professional negligence claim against a planning barrister, holding the new plea was a particularisation of an existing case.
Global 100 Ltd v Laleva [2021] EWCA Civ 1835 (03 December 2021)
The Court of Appeal held that a property-guardian agreement was a licence, not a tenancy, and confirmed the CPR Part 55.8(2) threshold matches summary judgment.
Luttman-Johnson v West Sussex Agri Ltd [2021] EWHC 2580 (Ch) (27 September 2021)
High Court appeal on whether statutory demands based on guarantees should be set aside, focusing on misrepresentation, affirmation, and estoppel.
Deutsche Bank Ag v Vik & Anor [2010] EWHC 551 (Comm) (19 March 2010)
The High Court set aside service out in Deutsche Bank’s restitution and constructive trust claim, finding no serious issue to be tried on the evidence of mistake.
Buike v Chief Constable of West Yorkshire [2009] EWCA Civ 971 (15 July 2009)
The Court of Appeal held that Buike crossed the threshold for permission to sue over alleged police assault, allowing the claim to proceed.
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