Judgment call 28th May 2012

A judgment creditor’s charging order did not have priority over an earlier unregistered equitable interest in the property as the charging order had not been made for valuable consideration.

Real estate

Hughmans Solicitors v (1) Central Stream Services Ltd (in liquidation); (2) Stephen Hunt – as liquidator of the first respondent (2012) EWHC 1222 (Ch). Briggs J. 11 May 2012

Mark Warwick
Mark Warwick

A judgment creditor’s charging order did not have priority over an earlier unregistered equitable interest in the property as the charging order had not been made for valuable consideration.

Application refused

For the applicant

Hughmans Solicitors

Selborne Chambers’ Mark Warwick; Hughmans Solicitors partner Matthew Jenkins

For the respondents Central Stream Services Ltd (in liquidation); (2) Stephen Hunt – as liquidator of the first respondent

3 Hare Court’s Daniel Lewis; Moon Beever solicitor Richard Saunders

Negligence

Edenwest Ltd v CMS Cameron McKenna (2012) EWHC 1258 (Ch). Hildyard J. 14 May 2012

A claim alleging professional negligence by a firm of solicitors for advice given to the receivers of a company in administrative receivership had no prospect of success. Although the receivers were acting as the company’s agents, that was not sufficient to establish that the solicitors owed the company a duty of care in respect of that advice, either in contract or tort.

Application granted

For the claimant Edenwest Ltd

4 New Square’s Nicholas Davidson QC and Sian Mirchandani; Ward Hadaway partner Ian Collinson

For the defendant CMS Cameron McKenna

Crown Office Chambers’ Michael Harvey QC; South Square’s Lloyd Tamlyn; Simmons & Simmons partner James Pollock and senior associate Jeremy Roberts

 

Employment

(1) Adenike Allen (née Aboyade-Cole); (2) Kunle Allen v Hounga (2012) EWCA Civ 609. Longmore LJ; Rimer LJ; Sir Scott Baker.

15 May 2012

 

A former employee’s claim to recover compensation for dismissal for race discrimination was barred on public policy grounds as it was positively linked to her own illegal conduct in willingly entering the UK for work when she was not permitted to do so.

Appeal allowed; cross-appeal allowed

For the appellant Hounga

Littleton Chambers’ David Reade QC; North Kensington Law Centre

For the respondent (1) Adenike Allen

Matrix Chambers’ Laura Prince; Crowther Solicitors partner Paul Onifade

The second respondent, Kunle Allen, was not represented

Arbitration

Rotenberg v Sucafina SA (2012) EWCA Civ 637. Sir John Thomas (president); Lloyd LJ; Aikens LJ. 16 May 2012

There was nothing in the language of the Rules of the Coffee Trade Federation r.48 and r.49 to suggest that an arbitral tribunal should not have the power to make interim awards which amounted to partial awards under the Arbitration Act 1996 s.47 and which were final and binding. Late payment of fees owed to an arbitration appeal board following notification of a final interim award did not affect the conclusion that previous interim awards were binding.

Appeal allowed in part

For the appellant Sucafina

20 Essex Street’s Thomas Raphael; Hill Dickinson associate Kamal Mukhi

For the respondent Rotenberg

4 Pump Court’s Alexander Gunning; Gordons Partnership partner Derek Robins

Civil procedure

JSC BTA Bank v Ablyazov (2012) EWCA Civ 639. Moore-Bick LJ.

16 May 2012

It was not in the interests of justice to prevent a contemnor from pursuing his appeal against an order for his committal unless he complied with conditions, including surrendering to custody, as that was a disproportionate response to his contempt.

Application refused

For the appellant Ablyazov

Fountain Court’s Charles Béar QC and James Sheehan; Addleshaw Goddard partners Ian Hargreaves and Richard Leedham

For the respondent JSC BTA Bank

New Square Chambers’ Stephen Smith QC and Tim Akkouh; Hogan Lovells partner Chris Hardman