Asia Disputes Notes
Tag: uk court decisions
Showing 48 out of 67 results
UK Court of Appeal upholds forfeiture of claim due to reliance on fraudulent device
In Versloot Dredging BV v HDI Gerling Industrie Versicherung AG (the DC Merwestone) [2014] EWCA Civ 1349, the English Court of Appeal considered the …
UK: High Court upholds contractual clause precluding banks' liability for negligent advice in swaps mis-selling claim
In Crestsign Limited v (1) National Westminster Bank Plc and (2) The Royal Bank of Scotland Plc, the UK High Court upheld contractual clauses (known as …
UK: Court of Appeal overturns High Court's decision to enforce a restrictive covenant despite obvious deficiencies in drafting
We have previously written about a decision of the English High Court which upheld the terms of a restrictive covenant despite certain deficiencies in …
UK Court of Appeal confirms extra-territorial reach of contempt proceedings
In Dar Al Arkan Real Estate Development Co and another v Al-Sayed Bader Hashim Al Refai and others [2014] EWCA Civ 715, the English Court of Appeal …
English Court of Appeal confirms account of profits available as remedy for dishonest assistance
Some, if not quite born trustees, are appointed as such at the outset of a trust. Some achieve trusteeship at some later stage. And some have some …
English High Court considers the effect of invalidly appointed trustees
In Jasmine Trustees Ltd v Wells & Hind (A Firm) [2007] EWHC 38, the High Court of England and Wales interpreted "individuals" in Section 37(1)(c) of …
English Supreme Court rejects Green & Rowley's permission to appeal application in its interest rate swap mis-selling case against RBS
In our previous post we reported that, in Green & Rowley v RBS, the English Court of Appeal rejected the claimant's argument that RBS' common …
Giving gifts to parents
The recent English case of Re AK (Gift Application) [2014] EWHC B11 (COP) concerned a deputy, appointed to manage a child's property and affairs, seeking …
A Will of Lies
The recent English case of re Boyes (Deceased) [2013] EWHC 4027 (Ch) confirms that a Will can be set aside for "fraudulent calumny", where the testator …
Mental illness and testamentary capacity
In a recent blog post, we covered the case of The Vegetarian Society and Scott, where mental illness did not invalidate a Will on the grounds of mental …
English Court of Appeal confirms wide jurisdiction in divorce case
The English Court of Appeal in Sekhri v Ray ([2014] EWCA Civ 119) confirmed that a husband and wife were both legally domiciled in England, despite …
United Kingdom Supreme Court: knowing recipients and dishonest assisters in fraudulent breaches of trust can rely on 6 year limitation period as a defence
In a recent decision, Williams v Central Bank of Nigeria [2014] UKSC 10, a majority of the United Kingdom Supreme Court held that knowing recipients and …
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