commercial law cases

13473 results for commercial law cases

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  • Commercial Law Updates - An Analysis of Cases from June 2010
  • Commercial Law Update - An Analysis of Cases and Developments from October 2010
  • Commercial Law Update - An Analysis of Cases and Developments from October 2010
  • Commercial Law Updates - An Analysis Of Cases And Developments From September 2010
  • J Murphy & Sons Ltd v W Maher and Sons Ltd, Court of Appeal - Technology and Construction Court, May 23, 2016, [2016] EWHC 1148 (TCC)

    1. These Part 8 proceedings between a sub-contractor, J. Murphy & Sons Ltd (``Murphy''), and its earth shifting sub-sub-contractor, W. Maher & Sons Ltd (``Maher'') raises a short and simple but interesting point about the jurisdiction of an adjudicator, namely, where there is a dispute as to whether there has been a full and final settlement agreem...

    ... (Aust) Pty Ltd v National Grid Gas PLC [2006] EWHC 2551 (TCC), [2007] BLR 92 and other cases referred to in the judgment of Mr Justice Jackson as he then was including Shepherd Construction ...The contract and the Supplemental Agreement are mutually intertwined. It would not make commercial sense to have one procedure for resolving disputes under the contract and a different procedure for ...

  • Plantation Holdings (FZ) LLC v Dubai Islamic Bank PJSC, Court of Appeal - Commercial Court, March 23, 2017, [2017] EWHC 520 (Comm)

    Introduction1. This is a claim by the Claimant, Plantation Holdings (FZ) LLC (`Plantation') for some US$2 billion. Plantation is a Dubai company which was incorporated in 2004 for the purpose of developing an upmarket and exclusive polo facility on the outskirts of Dubai which was to include villas, a hotel, rented flats and business units (`Planta...

    ...As Mr Anderson QC submitted, a key aspect of its remit was the investigation of financial irregularities. Thus, Article 19 of the Law provided: . `The following cases and incidents are considered financial violations that require investigation therein, whether detected by the [FAD] or by the Party subject to audit:. [..]. 4. Any action, negligence or default that ...

  • Cavendish Square Holding BV (Appellant) v Talal El Makdessi (Respondent)

    ... BV v Talal El Makdessi , raises the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis , raises the issue at a consumer level, and ... rule is to be abolished or substantially extended, its application to any but the clearest cases requires some underlying principle to be identified. . Equitable origins . 4. The penalty rule ...

  • Recent Contract Law Cases

    ... new rule does, however, make way for greater freedom of contract; parties of equal bargaining power will be the best judges of what is a legitimate response to a breach of contract and commercially justified, even if, on the old test, this would be seen as a deterrent for breach. Retention of Title. In the recent case of PST Energy 7 Shipping LLC Product Shipping & Trading S.A. v O.W. ...

  • Belhaj and another (Respondents) v Straw and others (Appellants)

    .... II The claimants' allegations . 3. Both cases originate with events in February/March 2004. In Belhaj , Mr Belhaj, a Libyan national and ... Boudchar, a Moroccan national, attempted (under, it seems likely, other names) to take a commercial flight from Beijing to London, but were instead and for whatever reason deported by the Chinese ...

  • The Bodo Community & Ors v The Shell Petroleum Development Company of Nigeria Ltd, Court of Appeal - Technology and Construction Court, June 20, 2014, [2014] EWHC 1973 (TCC)

    1. In this Group litigation, the many Claimants, numbering some 15,000 or more and including several representative type claimants and claims on behalf of children, seek damages at common law and statutory compensation under the law of Nigeria in relation to oil spills from pipelines said to have been caused by Shell Petroleum Development Company o...

    ..., oil was discovered in January 1956 for the first time in Nigeria apparently in commercial quantities at one field in Oloibiri in the Niger Delta. At that time, Shell-BP had been the only or ...A substantial number of the cases have proceeded to appeals including to the Supreme Court of Nigeria. 6. The Bodo community occupies ...

  • Patel (Respondent) v Mirza (Appellant)

    ... v Johnson and Pearce v Brooks had to do with the type of goods supplied, because in both cases the plaintiff knew that the defendant was entering into the contract for an illegal or immoral ... Caution in this respect is, I think, especially necessary in these times when so much of commercial life is governed by regulations of one sort or another, which may easily be broken without wicked ...

  • UBS AG (London Branch) & Anor v Kommunale Wasserwerke Leipzig GMBH, Court of Appeal - Commercial Court, November 04, 2014, [2014] EWHC 3615 (Comm)

    1. In 2006 and 2007 the Leipzig municipal water company (``KWL'') sold credit protection to the investment bank UBS and to two other banks (``LBBW'' and ``Depfa'') on four portfolios of investment grade bonds and other securities. It did so by means of a series of complex derivative products known as Single Tranche Collateralised Debt Obligations (

    ...b. KWL sold credit protection (to UBS in one case and to LBBW and Depfa in the remaining cases) in respect of a diversified portfolio of assets by means of an STCDO. . c. The credit protection sold by KWL covered a mezzanine tranche of a notional "Reference Portfolio" comprising a number of ...

  • Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan v Kent (aka John Kent), Court of Appeal - Commercial Court, February 22, 2018, [2018] EWHC 333 (Comm)

    2. The claimant in this case is Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan (``Sheikh Tahnoon''). He is a member of the Royal Family of Abu Dhabi and a resident of the United Arab Emirates. The defendant is Ioannis (or John) Kent, a Greek businessman. In 2008 Mr Kent set up a hotel business in Greece with the aim of establishing (by lease,

    ...2) If you give me an extra 2m instead of 3m in that case I can return the 1.5 or maybe 2m before the 31st of July. In both cases I can return the balance before the 30 of Sept latest, maybe earlier (depends on grant from the ministry of finance). This grant I repeat is guarantee[d] 100% that we will get it but it is a matter ...

  • Erste Group Bank AG (London Branch) v JSC 'VMZ Red October', Court of Appeal - Commercial Court, October 03, 2013, [2013] EWHC 2926 (Comm)

    1. The Third and Fifth Defendants make applications both dated 31 January 2013 to set aside service of these proceedings upon them outside the jurisdiction in Russia pursuant to the Order of Cooke J dated 24 October 2012. 2. The Claimant (referred to hereafter as ``Erste'') is the London branch of an Austrian bank. It was one of a syndicate of lend...

    ...Any number of cases have emphasised how this is a relatively low threshold and that, in considering whether the claimant satisfies it, the court must not engage in some form of mini-trial on the merits at this early ...

  • Jagex Lted v Van de Bogaard, Court of Appeal - Nominet UK Dispute Resolution Service, December 13, 2007, [2007] DRS 5222

    1. Parties Complainant: Jagex Limited Address: Saint Andrews House 90 Saint Andrew's Road Cambridge Cambridgeshire Postcode: CB4 1DL Country: GB Respondent: Koen van de Bogaard Address: Molenweg 67 Ewijk Postcode: 6644AZ Country: NL 2. Domain Name jagex.org.uk ("the Domain Name") 3. Procedural Background The Complaint was submitted to Nominet on ...

    ... trade mark and common law rights in the name JAGEX have been accepted in various UDRP cases. The Respondent clearly set out to attract business intended for the Complainant. Such activity by ...The Respondent was clearly intent upon commercial gain by placing its own advertising on a version of the Complainant's site. It is difficult to ...

  • The Republic of Angola & Anor v Perfectbit Ltd & Ors, Court of Appeal - Commercial Court, April 26, 2018, [2018] EWHC 965 (Comm)

    1. The Claimants, the Republic of Angola (``Angola'') and Banco Nacional de Angola (the ``BNA''), allege that they are the victims of a very substantial fraud - having been induced to pay over US$500 million and €24.85 million belonging to Angola, to certain of the Defendants. The First to Eighth Defendants (collectively ``the Defendants'') are sai...

    ... of jurisdiction being sought where there has been a breach of an exclusive jurisdiction clause (in seeking to bring proceedings in England and Wales), where there is a single defendant, and in cases where there are multiple defendants being sued in England and Wales (often as of right, as in the present case). 115. As to the former, the applicable principle is well-established, and was set out ...

  • Group Seven Ltd & Anor v Nasir & Ors, Court of Appeal - Chancery Division, October 06, 2017, [2017] EWHC 2466 (Ch)

    1. These proceedings arise out of a substantial fraud whereby Allseas Group SA (``Allseas'') was defrauded out of a large sum of money, €100 million. The fraud was followed by an attempt to launder the proceeds of the fraud using the client account of a firm of solicitors in London, Notable Services LLP (``Notable''). The attempt at money launderin...

    ... instructed them to deal with on his behalf and, in particular, they would assist him on commercial transactions and investments to be carried out in and from the United Kingdom. Mr Landman gave ...In most cases, the list specified that an invoice was needed. Mr Nobre came to Notable's offices and met Ms ...

  • Bakhshiyeva v Sberbank of Russia & Ors, Court of Appeal - Chancery Division, January 18, 2018, [2018] EWHC 59 (Ch)

    1. The interesting question raised by the three applications which are the subject of this judgment concerns the tension between what is often referred to as the `rule' in Antony Gibbs & Sons v La Société Industrielle et Commerciale des Métaux (1890) LR 25 QBD 399 and, in the context of a foreign insolvency proceeding which has been recognised in t...

    ... often referred to as the `rule' in Antony Gibbs & Sons v La Société Industrielle et Commerciale des Métaux (1890) LR 25 QBD 399 and, in the context of a foreign insolvency proceeding which has ...The key cases cited to me where the `rule' was so cited are as follows (in chronological order):. (1) New Zealand ...

  • EU Antitrust Authorities To Take Value Of Personal Data Into Consideration When Reviewing Digital Markets In Merger And Antitrust Cases

    ...With the increasing ability to use Big Data for commercial gain, its value as a commodity continues to grow; and as Vestager put it, 'Big Data is the next currency of the Internet'. Companies that collect Big Data are already scrutinised in the UK, and the ...

  • Apple Retail UK Ltd & Ors v Qualcomm (UK) Ltd & Anor, Court of Appeal - Patents Court, May 22, 2018, [2018] EWHC 1188 (Pat)

    1. There are six Claimants. All of the Claimants are companies in the Apple group of companies. The First Claimant is incorporated in England and Wales. The Second and Third Claimants are incorporated in the Republic of Ireland. The Fourth and Fifth Claimants are incorporated in Germany. The Sixth Claimant is Apple Inc which is incorporated in Cali...

    ...``ESSENTIAL'' as applied to IPR means that it is not possible on technical (but not commercial) grounds, taking into account normal technical practice and the state of the art generally ... For the avoidance of doubt in exceptional cases where a STANDARD can only be implemented by technical solutions, all of which are infringements of ...

  • Prest (Appellant) v Petrodel Resources Limited and others (Respondents)

    ... but economically fundamental, since limited companies have been the principal unit of commercial life for more than a century. Their separate personality and property are the basis on which third ... be regarded as conferring a distinct power to disregard the corporate veil in matrimonial cases. . (3) The companies might be regarded as holding the properties on trust for the husband, not by ...

  • Nori Holdings Ltd & Ors v Public Joint-Stock Company 'Bank Otkritie Financial Corporation', Court of Appeal - Commercial Court, June 06, 2018, [2018] EWHC 1343 (Comm),[2018] WLR(D) 343

    1. This is an application for a final anti-suit injunction to restrain the pursuit of court proceedings in Russia and Cyprus which are alleged to be brought in breach of an arbitration clause. It raises some interesting questions including: (1) how the court should proceed when an application for similar relief can be made to arbitrators; (2) wheth...

    ...urgency and the tribunal's inability to act effectively). Our view is that in cases where the tribunal is able in some way to act effectively once constituted, the court should do no more than 'hold the ring' pending the constitution of the tribunal. If the tribunal is unable to act ...

  • Credit Suisse International v Stichting Vestia Groep, Court of Appeal - Commercial Court, October 03, 2014, [2014] EWHC 3103 (Comm)

    1. In these proceedings Credit Suisse International (``Credit Suisse'') claim €83,196,829 from Stichting Vestia Groep (``Vestia''), a Dutch social housing association (``SHA''), as money due under an International Swaps and Derivatives Association (``ISDA'') 2002 Agreement (the ``Master Agreement''), including a Credit Support Annex (``CSA'').

    ... Mr Dupont had to present such transactions for the approval of Mr Curran and Mr Wachsmann. Mr Curran explained that in these cases he would ``check broadly whether the transactions made commercial sense from the client's perspective and that they did not involve an unacceptable degree of risk for the client''. He considered ...

  • Nutricia Ltd, R (on the application of) v The Secretary of State for Health, Court of Appeal - Administrative Court, July 31, 2015, [2015] EWHC 2285 (Admin)

    1. There is before the Court an application for permission to apply for judicial review and, if granted, the substantive judicial review in a complex case concerning a decision adopted by the Defendant which expressed the ``view'' that a yoghurt style food product called ``Souvenaid'' produced by Nutricia Limited (``Nutricia'' or the ``Claimant'')

    .... 6. It is not necessary for the purposes of this judgment to set out in any detail the commercial considerations which underpin a producer's desire to market a product as an FSMP, as opposed to an ...(6) For the latter the usual means available to the monitoring bodies might not, in certain cases, enable them to check whether a foodstuff actually has the particular nutritional properties ...

  • Goodlife Foods Ltd v Hall Fire Protection Ltd, Court of Appeal - Civil Division, June 18, 2018, [2018] EWCA Civ 1371

    1. This appeal concerns an exclusion clause in the standard terms of a specialist fire suppression contractor. The issues are whether the clause was incorporated into the contract between the parties and, if so, whether the clause was reasonable within the meaning of the Unfair Contract Terms Act 1977 (``UCTA''). 2. Following a fire at their factor...

    ... since 1972 in the business of automatic fire sprinkler systems used in a variety of commercial, industrial and retail developments, with projects ranging in value from £1,000 to £1,000,000. ...This principle derives from what have been called the ``ticket'' cases such as Thornton v Shoe Lane Parking Limited [1971] 2 QB 163. In that case, the ticket referred to ...