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.
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
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
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
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
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
