legal doctrine of laches

86 results for legal doctrine of laches

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  • High Commissioner for Pakistan in the United Kingdom v Prince Mukkaram Jah, His Exalted Highness the 8th Nizam of Hyderabad, Court of Appeal - Chancery Division, June 21, 2016, [2016] EWHC 1465 (Ch)

    1. I heard argument over four days in March 2016 on various applications for summary disposal of significant parts of the rival claims to beneficial ownership of a fund (``the Fund''), now amounting to approximately £35 million, which since September 1948 has been held by the National Westminster Bank Plc (or its predecessor, the Westminster Bank L...

    .... 2. The background to the opening of the Account, the legal proceedings in England to which it gave rise, and the general ...(b) Does Pakistan's assertion that the doctrine of non-justiciability and/or act of state applies, so that the ... bar all India's alleged claims) the equitable doctrine of laches [applies]: see paragraph 3(c), (d) above.''. Paragraph 3(c) is in ...

  • Olympic Airlines SA v ACG Acquisition XX LLC, Court of Appeal - Civil Division, June 17, 2014, [2014] EWCA Civ 821

    1. The matter before the court is a sequel to two previous orders that the court has made in relation to an appeal by Olympic Airlines SA (`Olympic') against Teare J's order made in the Commercial Court on 1 June 2012. The respondent is ACG Acquisition XX LLC (`ACG'). The first order was made by Rix LJ and me on 17 December 2012. That order dismiss...

    ...Mr Philip Shepherd QC (instructed by Olympic Airlines SA legal department) for the Appellant. Mr Michael McLaren QC (instructed ...He reminded us that the doctrine of issue estoppel is a particular application of the general rule ... approval, he did so in a section of his judgment headed `Laches, estoppel, and acquiescence' that was again not concerned with ...

  • UBS AG (London Branch) & Anor v Kommunale Wasserwerke Leipzig GmbH, Court of Appeal - Civil Division, October 16, 2017, [2017] EWCA Civ 1567

    Lord Falconer, Mr Stephen Moriarty QC, Mr Richard Slade QC, and Mr Edward Harrison (instructed by Mayer Brown International LLP) for the UBS partiesMr Tim Lord QC, Mr Simon Salzedo QC, Mr Stephen Midwinter QC and Mr Craig Morrison (instructed by Addleshaw Goddard LLP) for KWLMr Andrew Mitchell QC and Mr Richard Power (instructed by Dentons

    ... transaction, the judge did not set out a precise legal analysis of why the corrupt arrangement which he found to have ... M J Leeming (eds) Meagher, Gummow and Lehane's Equity: Doctrines and Remedies (4th ed, LexisNexis, 2002) at 191-192 [5-195]. It is ... claim is subject to the usual equitable defences including laches and lack of clean hands. 158. In the present case UBS defended ...

  • Evans & Ors v Lloyd & Anor, Court of Appeal - Chancery Division, June 24, 2013, [2013] EWHC 1725 (Ch)

    1. Wynne Evans (``Wynne'') was a farm worker. His entire working life from the age of fourteen was spent in the service of the proprietors of the farm known as Cefnbarrach, Trefeglwys, Caersws--latterly the defendants, Mr David Lloyd (``David'') and his wife Mrs Elizabeth Lloyd, and before that David's parents and grandparents. During the whole o...

    ... are rather misleading, because they suggest that the doctrine of undue influence applies both in cases where there actually has ... to me, introduces unnecessary complication into what is legally, if not always factually, a straightforward question. Second, ...77. The defendants relied on the equitable defences of laches, estoppel and acquiescence. I think that only the first two need ...

  • Burgess & Ors v BIC UK Ltd, Court of Appeal - Chancery Division, April 17, 2018, [2018] EWHC 785 (Ch)

    1. This case concerns the BIC UK Pension Scheme (formerly called the Biro Bic Superannuation Fund, ``the Scheme''). The Scheme is a balance of cost defined benefit occupational pension scheme under which the members paid contributions and the balance of the cost of the Scheme must be met by the principal employer, the Defendant (``BIC UK''). In the...

    ... to assert the true legal position?. Equitable recoupment 162. Section 91 of the ... Limitation 169-172. Laches 173-176. Estoppel as to remedy 177. Summary of ... my judgment, to submit that this is an extension of the doctrine. It may be that there has never been before a case on all fours ...

  • Sheffield v Sheffield & Ors, Court of Appeal - Chancery Division, December 13, 2013, [2013] EWHC 3927 (Ch)

    1. This is the trial of a claim by which the Claimant in his capacity as a beneficiary of a family trust seeks various accounts and payments of (a) a quarter of certain trust income received by the trust which he maintains should have been but was not paid to him; (b) a quarter of the income which he maintains the trustees ought to have obtained bu...

    ...It is common ground that legal title to New Barn House was vested in the trustees of the 1968 ... barred or are not maintainable by operation of the doctrine of Laches. Finally the Defendants place reliance on s.61 Trustee ...

  • Porter Capital Corporation v Masters, Court of Appeal - Chancery Division, September 06, 2017, [2017] EWHC 2215 (Ch)

    1. This is the trial of a number of preliminary issues in accordance with the Order of Master Price dated 15 September 2016. That Order was made in consequence of an Order of the Court of Appeal dated 15 January 2016 (``the CA Order''). That in turn was the product of an appeal by the Claimant (``Porter'') and a cross-appeal by the Defendant (``Mr

    ... was held entitled in principle to recover enforcement legal fees and costs, and an account was directed in order to determine ...At paragraphs 18-21 of that report, he discusses the doctrine of equitable estoppel to which Mr Winter had referred in Winter 1 ... Porter's claim was barred by limitation of actions or by laches. 68. In reply, at paragraph 18 of his second report, Professor ...

  • Henchley & Ors v Thompson, Court of Appeal - Chancery Division, February 16, 2017, [2017] EWHC 225 (Ch)

    1. The Claimants are the beneficiaries of two trusts created by the late WCC Henchley dated 1 September 1960 and 12 September 1960. He died in 1972. By this claim the Claimants seek an order directing the Defendant to provide a full account of his dealings with the assets of the two trusts as a trustee or as a de facto trustee. I have used the latt...

    ... of The Childrens' Trust and and/or will be defeated by laches. iv). It would, in any event, be inequitable to order him to ...The legal issues in dispute include:. i). Does the court have a discretion ... an account, I am not convinced that consideration of the doctrine of laches adds a great deal bearing in mind delay on its own will ...

  • Taylor (on behalf of the Society for the Protection of Markham and Little Francis) (Appellant) v Betterment Properties (Weymouth) Ltd (Respondent)

    ...Acting on legal advice, therefore, Mr Curtis discontinued the judicial review ... a limitation period, as embodied in the equitable doctrine of laches. . (1) Public law . 21. There is a public law aspect ...

  • Adamson and others (Respondents) v Paddico (267) Limited (Appellant)

    ...Acting on legal advice, therefore, Mr Curtis discontinued the judicial review ... a limitation period, as embodied in the equitable doctrine of laches. . (1) Public law . 21. There is a public law aspect ...

  • Borough of Milton Keynes v Viridor (Community Recycling MK) Ltd (No 2), Court of Appeal - Technology and Construction Court, February 22, 2017, [2017] EWHC 239 (TCC)

    1. Pursuant to a contract dated 1 October 2009 the claimant Council engaged the defendant to carry out waste recycling in Milton Keynes for a period of 15 years. The contract recognised that waste recycling was a profitable business so it stipulated that the defendant was obliged to make both fixed and variable payments to the claimant. The fixed

    ... events and, in Section 7, I deal with the defences of laches and acquiescence. There is a brief summary of my conclusions in ... The council, subject to any of the legal remedies available to the unsuccessful Tenderers, proposes to ...As to this, it is well established that the doctrine does not come into play before the person against whom it is ...

  • Forester Maurice Labrouche v Frey & Ors, Court of Appeal - Chancery Division, February 18, 2016, [2016] EWHC 268 (Ch)

    1. The claims in this matter, brought by Forester Maurice Labrouche (``Forester'') all relate to alleged breaches of the trusts of the will of his grandmother, Olga Martin Montis ("Olga"). Having inherited a considerable fortune from her first husband, Olga died on 8 February 1980 aged 90, domiciled in Switzerland, leaving a last will dated 9 May 1...

    ...``All the assets should be put into a separate legal entity (establishment) in the Principality of Liechtenstein. Mrs ... wrote a separate report about the nature of the doctrine of res judicata in Swiss Law. The issue was also addressed by ...8. Do Hugo and Markus have a defence of laches on the question of trustee fees?. 9. Did Soledad breach her ...

  • Cobden Investments Ltd. v RWM Langport Ltd & Ors, Court of Appeal - Chancery Division, November 20, 2008, [2008] EWHC 2810 (Ch)

    Hearing dates: 27th,28th,29th February 2008, 3rd,4th,5th,6th,7th,10th,11th,12th,13th,18th,19th, March 2008, 8th,9th,10th,11th,14th,15th,16th,17th,18th,21st,22nd,23rd,24th, April 2008 and 7th,8th, 9th May 2008 - - - - - - - - - - - - - - - - - - - - - Judgment Mr Justice Warren : Introduction 1. This is a petition under section 994 Companies Act ...

    ... to go outside the formal agreements to ascertain the legal relationship between the parties and in particular to identify ... upon general consideration of the law of acquiescence and laches. In general terms, I would not dissent from the summary of ... very brief description of the principles governing the doctrine of proprietary estoppel, according to which an equity arises ...

  • Madoff Securities International Ltd v Raven & Ors, Court of Appeal - Commercial Court, October 18, 2013, [2013] EWHC 3147 (Comm)

    1. On 29 June 2009, Bernard Madoff was sentenced by a Court of the Southern District of New York to 150 years in prison and ordered to forfeit US$170 billion. The present claim is brought in the long shadow cast by his notorious Ponzi scheme fraud, perpetrated through his New York business for two decades or more. But this case is not primarily a...

    ...(4) The claim fails under the ex turpi causa doctrine, because it is MSIL's case that, albeit unbeknown to the ... time barred by the Limitation Act 1980 or the doctrine of laches. MSIL relies in this context on sections 21 and 32 of the ... . 25. The legal bases for the claims against the directors, and the directors' ...

  • FMX Food Merchants Import Export Co Ltd v HM Revenue and Customs, Court of Appeal - Civil Division, October 30, 2018, [2018] EWCA Civ 2401

    1. This appeal concerns the imposition by the Respondents (``HMRC'') of customs duty on various importations of garlic into the United Kingdom made by the Appellant (``FMX'') between 2003 and January 2004. The goods were falsely declared to be of Cambodian origin. The garlic was in fact of Chinese origin, and therefore subject to a quota payment a...

    ... into the accounts at a lower level than the amount legally owed, the amount of the duty which remains to be recovered must ... to abuse of process, together with the equitable doctrine of laches and/or Article 47 of the Charter of Fundamental Rights ...

  • Brooker& Anor v Fisher, Court of Appeal - Civil Division, April 04, 2008, [2008] Bus LR 1123,[2008] EWCA Civ 287

    1. ``A Whiter Shade of Pale'' is placed high in lists of the greatest songs of all time. Procol Harum's record in May 1967 was an instant smash hit. Sales ran into millions. The musically literate judge, who tried this case, knew it. He held that the song had achieved cult status. There are over 770 versions of it. The introductory bars are used a...

    ... was followed a year later by his first clear assertion of a legal claim in the letter sent by his present solicitors to Gary ... failed on their equitable defences of acquiescence, laches, delay and proprietary estoppel, and in their related contentions ... for declaratory relief were barred by the equitable doctrines of acquiescence, laches, delay and estoppel. A concise account of ...

  • Salt v Stratstone Specialist Ltd (t/a Stratstone Cadillac Newcastle), Court of Appeal - Civil Division, July 16, 2015, [2015] EWCA Civ 745

    1. In what must now be called the very old days, courts could not award damages for misrepresentations which had not become terms of the contract. The only available remedy for non-fraudulent misrepresentation was rescission which, because it was a remedy given by courts of equity rather than common law courts, was subject to the restriction that

    ... I cannot accept that; registration is a legal concept which does not change the physical entity that a car is. ... This is in essence the principle of laches, which accordingly requires close attention to the facts of the ...v Hurd (1873-74) LR 5 PC 221 at 239-240:. ``Now the doctrine of laches in Courts of Equity is not an arbitrary or a technical ...

  • Kerry Ingredients (UK) Ltd v Bakkavor Group Ltd & oRS, Court of Appeal - Chancery Division, October 07, 2016, [2016] EWHC 2448 (Ch)

    1. This case concerns edible infused oils (basil-flavoured sunflower oil, for example). The claimant, Kerry Ingredients (UK) Limited (``Kerry''), alleges that the defendants have misused confidential information relating to the manufacture of such oils and seeks injunctive and other relief. The defendants both deny misuse of confidential informatio...

    ...Legal principles. 58. In Coco v A.N. Clark (Engineers) Ltd [1968] FSR ... has been made out, if the plaintiff by his acts or laches has disentitled himself to an injunction the Court may award ... reviewing authorities relating to the ``springboard doctrine'', Arnold J observed that that expression could refer to ...

  • Pitt and another (Appellants) v The Commissioners for Her Majesty's Revenue and Customs (Respondent)

    ... with unsuccessful tax-planning arrangements, led one legal scholar (Professor Charles Mitchell, Reining in the rule in In ... were persuaded that three separate strands of legal doctrine, all largely associated with practice in the Chancery Division, ... right to complain of a breach of trust by complicity, by laches or acquiescence or in other ways. Lightman J adjourned the case, ...

  • Futter and another (Appellants) v The Commissioners for Her Majesty's Revenue and Customs (Respondent)

    ... with unsuccessful tax-planning arrangements, led one legal scholar (Professor Charles Mitchell, Reining in the rule in In ... were persuaded that three separate strands of legal doctrine, all largely associated with practice in the Chancery Division, ... right to complain of a breach of trust by complicity, by laches or acquiescence or in other ways. Lightman J adjourned the case, ...

  • Excalibur Ventures LLC v Texas Keystone Inc & Ors, Court of Appeal - Civil Division, November 18, 2016, [2016] EWCA Civ 1144,[2016] WLR(D) 614

    1. Third party funding is a feature of modern litigation. It takes at least two forms. The first is so-called "pure funding" of which Hamilton v Al Fayed (No.2) [2003] QB 1175 is a well-known example. In that case it was held that pure funders will not ordinarily be made the subject of an order under section 51(3) of the Senior Courts Act 1981 (

    ... The claim did not fail narrowly or on the basis of abstruse legal doctrine upon which two views might be possible. It failed for ... was subject to some five fundamental objections, of which laches was one of the most obvious. . 28. It has been said that a ...

  • Warwickshire Hamlets Ltd & Anor vGedden & Ors, Court of Appeal - Lands Tribunal, March 26, 2010, [2010] UKUT 75 (LC)

    SERVICE CHARGES - jurisdiction of leasehold valuation tribunal - construction of lease - whether rent payable by a management company in respect of the common parts recoverable as part of the service charge - Limitation Act 1980 s.21 IN THE MATTER OF AN APPEAL FROM THE LEASEHOLD VALUATION TRIBUNAL FOR THE MIDLAND RENT ASSESSMENT PANEL BETWEE...

    ... in any event the Limitation Act 1980 alternatively the doctrine of laches prevents the Respondents from obtaining a decision ... of this principle Mr Darby referred to Words & Phrases Legally Defined (4th ed) 408 and to Earl of Jersey v North Union Rural ...

  • Illumina, Inc. & Anor v Premaitha Health Plc & Anor, Court of Appeal - Patents Court, March 19, 2018, [2018] EWHC 615 (Pat)

    DR. MICHAEL TAPPIN QC and MR. JOE DELANEY (instructed by Herbert Smith Freehills LLP) appeared for the Defendant Ariosa Diagnostics, Inc. and (instructed by Clyde & Co LLP) appeared for the Defendants TDL Genetics Limited and The Doctors Laboratory Limited. - - - - - - - - - - - - - - - - - - - - - MR. JUSTICE HENRY CARR : Introduction 1. T...

    ...Legal Principles - Abuse of Process. 5. I will now turn to the legal ...While, therefore, the doctrine of res judicata in all its branches may properly be regarded as a ... the Limitation Act 1980, or an equitable defence such as laches. Absent any such factor, the mere fact that the claimant has ...

  • Williams (Respondent) v Central Bank of Nigeria (Appellant)

    ...Those who create a trust clothe the trustee with a legal power and control over the trust property, imposing on him a ... by analogy to equitable claims, in addition to its own doctrines of laches and acquiescence. But by way of exception statutory ...