legal doctrine of laches

86 results for legal doctrine of laches

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  • Creggy v Barnett & Anor, Court of Appeal - Chancery Division, October 11, 2016, [2014] EWHC 3080 (Ch)

    1. This is an appeal by the defendant, Mr Stuart Creggy, against an order of David Richards J dated 29 January 2015. The judge ordered Mr Creggy to pay to the claimants the sum of US$2,305,795.68 including interest as equitable compensation for his breach of fiduciary duty in transferring in 1998 approximately US$1.2m to a Maltese lawyer, Dr Patri...

    ... and the judge rejected it as an accurate description of the legal relationship between the parties:. ``71. Funds provided by or for ... claims in equity the issue of delay was governed by the doctrine of laches, in relation to which equity would, where appropriate, ...

  • Creggy v Barnett & Anor, Court of Appeal - Civil Division, October 11, 2016, [2016] EWCA Civ 1004,[2016] WLR(D) 513

    1. This is an appeal by the defendant, Mr Stuart Creggy, against an order of David Richards J dated 29 January 2015. The judge ordered Mr Creggy to pay to the claimants the sum of US$2,305,795.68 including interest as equitable compensation for his breach of fiduciary duty in transferring in 1998 approximately US$1.2m to a Maltese lawyer, Dr Patri...

    ... and the judge rejected it as an accurate description of the legal relationship between the parties:. ``71. Funds provided by or for ... claims in equity the issue of delay was governed by the doctrine of laches, in relation to which equity would, where appropriate, ...

  • AXA Versicherung AG v Arab Insurance Group (B.S.C.), Court of Appeal - Commercial Court, July 07, 2015, [2015] EWHC 1939 (Comm)

    1. The principal issue in this action is whether the claimant reinsurer (``Axa'') is entitled to avoid two reinsurance treaties entered into with the defendant reinsured (``Arig'') and to recover in consequence the net sum of about US $5.15 million paid to Arig under those two treaties. 2. The first treaty was entered into in 1996 by Axa's predeces...

    ... prepared to write such business, the reinsured is under no legal duty not to take advantage of whatever terms the reinsurer is ... there should be some restraint in the operation of the doctrine. Avoidance for honest non-disclosure should be confined to plain ... may be lost as a result of equitable principles such as laches, estoppel and change of position; and that the right to avoid has ...

  • Azaz v Denton & Anor, Court of Appeal - Queen's Bench Division, July 21, 2009, [2009] EWHC 1759 (QB)

    1. In this action the claimant, Dr. Yehu Azaz, makes a number of claims against the first defendant, Mrs. Rena Denton, and the second defendant, Self Healing Meditation Healing Centre (``the Centre''). 2. The Centre is a company limited by guarantee and a registered charity. It was incorporated on 8 September 1988 under the name Denton Realization...

    ... family trusts to a charity which at law is a separate legal entity. The money which you put into the Charity will no longer ... Claimant's claim for equitable relief is barred by the doctrine of laches as pleaded above. 112. The Claimant's claim includes a ...

  • Lester & Anor v Woodgate & Anor, Court of Appeal - Civil Division, March 09, 2010, [2010] EWCA Civ 199

    1. This appeal concerns a disagreement between neighbours about a few yards of pedestrian access which, as is far too often the case, has escalated into bitter and costly litigation. The facts have been found with great care and are set out in detail in the reserved judgment of Mr Recorder Martineau, delivered in the Truro County Court on 19 May 2...

    ... The defence was based on laches and equitable estoppel. . 13. In his judgment, the Recorder ... estoppel would operate to bind successors in title, that doctrine was not pleaded and, in any event, has no application, they say, ... It does not extinguish the claimants' legal right or bar its enforcement by, for example, the award of common ...

  • Test Claimants in the Franked Investment Income Group Litigation (Appellants) v Commissioners of Inland Revenue and another (Respondents)

    ... FA 2007) infringe the EU law principles of effectiveness, legal certainty, legitimate expectations and rule of law (Court of ... of fairness and legal certainty - which underlie the doctrine of legitimate expectation (both domestically and under EU law) to ...The doctrine of laches was applied by analogy with statutory limitation at law, save ...

  • Daniel & Ors v Tee & Ors, Court of Appeal - Chancery Division, July 01, 2016, [2016] EWHC 1538 (Ch)

    1. This is a claim for breach of trust. It raises questions concerning the duties of trustees, and in particular the extent to which professional solicitor trustees, who have no personal expertise in managing investments, may be said to have acted imprudently by relying on the advice of independent financial advisers which transpires to be incorrec...

    ...The Defendants also intimated that an issue of laches would arise in the event that the Claimants sought some equitable ... . Legal framework. The trustees' equitable duty of care. 38. Trustees ...''; and that ``had not statute intervened the doctrine of necessity might have been developed to allow the delegation of ...

  • P & O Nedlloyd BV v Arab Metals Co & Anor, Court of Appeal - Civil Division, December 13, 2006, [2006] EWCA Civ 1717,[2007] 2 Lloyd's Rep 231

    1. This is an appeal by P&O Nedlloyd B.V. (``P&O'') against that part of an order made by Tomlinson J. on 5th October 2006 by which the judge refused its application for an order for specific performance by the third respondent, Ireland Alloys Ltd (``Ireland Alloys''), of a contract of carriage of two containers of scrap metal entered into in May 1...

    ... permission to Ireland Alloys to amend its defence to plead laches, a defence which, if made out, would provide an answer to the ... of such a contract; and (b) that since the equitable doctrine of laches operates to bar a claim on the grounds of delay, it can ... of a dispute between parties as to their respective legal rights or duties may involve the determination of a number of ...

  • P&O Nedlloyd BV v Arab Metals Co & Anor, Court of Appeal - Commercial Court, October 05, 2006, [2006] EWHC 2433 (Comm)

    1. This is an application for either summary judgment or a mandatory injunction pending trial. It arises in unusual circumstances. The Claimants are, as is well known, carriers of goods. They have carried two containers containing scrap metal from Alexandria, Egypt to Hamilton, Scotland, first by sea to Felixstowe and then by road. The object o...

    ... of the view I have formed as to the contractual and other legal issues the greater part of the evidence deployed on this and ... was devoted to a consideration of IA's pleaded defence of laches. At paragraph 18 of their Amended Defence IA plead as follows: ... plaintiffs' claims, there is no room for the equitable doctrine of laches.''. Sir George Jessel MR expressed the same principle ...

  • Patel & Ors v Shah & Ors, Court of Appeal - Civil Division, February 15, 2005, [2005] EWCA Civ 157

    J U D G M E N T1. LORD JUSTICE MUMMERY: The main issue on this appeal is whether the claim by Mr Hetul Patel and three others (the claimants) to beneficial interests in various properties bought at auction and vested in the names of the defendants was rightly dismissed on the ground of laches. 2. The appeal is by the claimants against the order of...

    ... of the defendants was rightly dismissed on the ground of laches. 2. The appeal is by the claimants against the order of Mr Kevin ... Lord Lindley explained:. 'The doctrine of laches is of great importance where persons have agreed to ... obligation, which binds his conscience as the holder of the legal title for the benefit of others. In the case of an ordinary ...

  • Green & Ors v Gaul & Ors, Court of Appeal - Civil Division, July 28, 2006, [2007] 1 WLR 591,[2006] EWCA Civ 1124

    2. Mr Loftus died on 11 August 1990, intestate. His wife had predeceased him. There were six children of the marriage, five of whom survived their father. Letters of administration to the estate were granted to the deceased's daughter, Mrs Margaret Gaul, on 10 December 1991. These proceedings were commenced by her three sisters on 20 January 2003.

    ... years) the claimants ought to be denied relief under the doctrine of laches and/or the Limitation Act 1980, sections 21(3) and ... Estate, of any Person dying intestate, possessed by the legal personal representative of such Intestate, . . .'' . The ...

  • Fraser & Ors v Oystertec Plc & Ors, Court of Appeal - Patents Court, November 07, 2003, [2003] EWHC 2787 (Patent)

    This is an application for summary judgement by three of the Claimants, who are the minority shareholders in the defendant Easyrad Limited. Ostensibly, it is a case about a patent. But I believe it raises a question of law which is of more general significance. Because this is an application for summary judgement I must instruct myself as to the

    ..., by exercising their voting rights, compel Easyrad to bring legal proceedings about it. The majority of the shareholding in ... also contend that the Applicants' claim is barred by laches or acquiescence: they stood by too long and allowed the Patent ... period, but the same result can be produced under the doctrines of laches or acquiescence. I believe there is nothing at all ...

  • Vestergaard Frandsen A/S & Ors v Bestnet Europe Ltd & Ors, Court of Appeal - Chancery Division, June 26, 2009, [2009] EWHC 1456 (Ch)

    1. On 3 April 2009 I handed down in private a confidential judgment in this matter ([2009] EWHC 657 (Ch), ``the main judgment'') holding that the Defendants were liable for breach of confidence through misuse of VF's trade secrets. (Subsequently a redacted version of the main judgment has been made available to the public.) In the main judgment I l...

    ...19. As to the second basis, the doctrine of joint tortfeasorship is normally applied to common law or ... the exercise of equity's auxiliary jurisdiction to enforce legal rights or under the common law power originally conferred by ... as to why an injunction should not be granted, such as laches and acquiescence. More recently, adequacy of damages has ceased ...

  • Gwembe Valley Development Company Ltd. & Anor v Koshy & Ors, Court of Appeal - Civil Division, July 28, 2003, [2004] WTLR 97,[2004] 1 BCLC 131,[2003] EWCA Civ 1048

    1. Despite the thickets of company law, contract, fiduciary law, limitation of actions and equitable remedies, which have grown around this case, the central questions for decision can be stated quite concisely: between 1986 and 1988 did the managing director of a joint venture company deliberately and dishonestly fail to disclose his personal inte...

    ...IV. LIMITATION AND LACHES. Limitation and claims in equity: general 71-76 . The 1980 Act ... Rollings of Ernst & Young) ratified and continued the legal proceedings, which GVDC had started in November 1996. The court ... Act 1980 (the 1980 Act) and related equitable doctrines. 8. On 12 December 2001 Rimer J heard further argument on the ...

  • Sphere Drake Insurance Plc & Anor v Orion Insurance Company Plc, Court of Appeal - Commercial Court, February 11, 1999, [1999] EWHC 286 (Comm)

    At a meeting on 23rd April 1975 an oral agreement was made to which "Sphere" and "Drake", then separate companies, and the defendant company ("Orion") were parties, together with a Swiss insurance company shortly referred to as "Baloise". Between the mid 1950s and 1975 these companies had been concerned together in various capacities (as pool membe...

    ..., in particular, what was called the MLL (miscellaneous and legal liability) account of the marine pool account was such that not ... in subsequent amendments to allege election waiver and laches. At the trial the plea was effectively limited to affirmation and ...Affirmation is one form of the general doctrine of election. An Election requires that the electing party, with ...

  • Jackson & Ors v Thakrar & Ors, Court of Appeal - Technology and Construction Court, October 10, 2007, [2007] EWHC 2173 (TCC)

    The Lead Action, otherwise known as the Thakrar Litigation, incorporates all other Actions listed above, all Applications issued in those actions and Parties 1 and 4's Application under Paragraph 81 of Schedule B1 to the Insolvency Act 1986. As supplemented at chapter 15, paragraph, 834, by the decision handed down on 19th December 2007 in relati...

    ... relation to her signature on any power of attorney or other legal document. . JUDGMENT No. 5. Introduction. 1.1 Overview. 1. This ... sign the Transfers to which her name was appended The doctrine of non est factum. . and/or (2) she did not sign in the presence ... against whom? Which if any of these claims are barred by laches or limitation? . (4) Is SPC bound by the compromise and Tomlin ...

  • Green & Ors v Gaul & Ors, Re Loftus (deceased), Court of Appeal - Chancery Division, March 18, 2005, [2005] EWHC 406 (Ch),[2005] 1 WLR 1890,[2005] 2 All ER 700

    1. Ivor Loftus (``Mr Loftus'') was born on November 14, 1918. He and his wife Margaret (``Mrs Loftus'') had 6 children: Angela Green (Angela''), born October 23, 1943; twin sisters Christina Loftus (``Christina'') and Margaret Gaul (``Margaret''), born April 15, 1946; Sheila Ross (``Sheila''), born November 3, 1948; Michael Loftus (``Michael''),

    ... had proved to be obstructive and had taken independent legal action without the knowledge of the other four siblings to ensure ... event the claimants ought to be denied relief under the doctrine of laches and/or the Limitation Act 1980, sections 21(3) and ...

  • Inglorest Investments Ltd v Campbell & Anor, Court of Appeal - Civil Division, April 02, 2004, [2004] EWCA Civ 408

    1. This is an appeal (with permission granted by Aldous LJ) from an order made by Mr David Mackie QC, sitting as a Deputy High Court Judge in the Chancery Division. On 15 July 2003 he made a declaration that the freehold interest in 18 Queensgate Place, London SW7, registered at HM Land Registry under Title No NGL 84280, (the Property) was part of

    ...The purchase price was £6,500. That sum and a sum for legal costs (£86.11) were recorded in the documents kept by Mr Dean's ...(4) Laches. He was not satisfied that there was the requisite inequity to ing into play the doctrine of laches invoked by the personal representatives. They relied on ...

  • Barrett v Universal-Island Records Ltd. & Ors, Court of Appeal - Chancery Division, May 15, 2006, [2006] EWHC 1009 (Ch)

    1. Bob Marley and the Wailers were among the first reggae performers to burst onto the international stage. Bob Marley remained the best-known reggae performer until his untimely death from cancer in 1981 at the age of 36. This case concerns the claim by two former members of the Wailers, Aston (``Family Man'') Barrett and his brother Carlton (``Ca...

    ... to Bob Marley out of which we can pay the balance of the legal charges which are due from Bob to you. However, as soon as we ...Estoppel acquiescence and laches. 200. Ms Jones submits that even if Carlton Barrett had had a ...Laches. 204. The doctrine of laches is the equitable counterpart to estoppel and ...

  • Yewbelle Ltd v London Green Developments Ltd & Anor, Court of Appeal - Chancery Division, December 08, 2006, [2006] EWHC 3166 (Ch)

    1. Directly opposite Colliers Wood underground station, in the London Borough of Merton, there is a triangular site between the intersections of Merton and Colliers Wood High Streets, Christchurch Road and Priory Road. It consists of: i) A 17-storey pre-cast concrete office building built in the 1960s. It is often called the Brown and Root Tower (

    ... to Sharon Lauder (``Ms Lauder'') the head of civic and legal services at LBM. He asked her whether the draft section 106 ... performance, that remedy will be refused on grounds of laches and the property will cease as a result to be encumbered by the ... performance can be lost by the application of the doctrine of laches. In cases where the contract in question concerns land ...

  • Cheltenham & Gloucester Plc v Appleyard & Anor, Court of Appeal - Civil Division, March 15, 2004, [2004] EWCA Civ 291

    1. This is the judgment of the court on an appeal by the defendants, Allan Appleyard and his wife Maureen Appleyard (``the Appleyards''), from a decision of His Honour Judge McGonigal, on the trial of certain preliminary issues. The effect of his decision was that the claimant, Cheltenham & Gloucester plc (``C&G''), was entitled to possession of t...

    ...B&B had a registered first legal charge over the property to secure what was owing to them;. ...by virtue of the equitable principle of laches. 29. It is right to record that, in his oral argument for the ... Banque Financiere demonstrates the flexibility of the doctrine of subrogation, but it would be a mistake to attempt to apply the ...

  • USP Strategies Plc & Anor v London General Holdings Ltd & Ors, Court of Appeal - Chancery Division, March 01, 2004, [2004] EWHC 373 (Ch)

    1. The two applications before me are related applications which turn on the question of legal professional privilege and, to a more limited extent, general obligations of disclosure and listing. In 1998 the claimants prepared, or caused to be prepared, documentation for a warranty scheme which they sought to sell to retailers to replace insurance

    ... me are related applications which turn on the question of legal professional privilege and, to a more limited extent, general .... The legal principles involved. 14. One doctrine can be put on one side for the purposes of this judgment, and ...Related to this is a laches point. He says that the fact that Mr Turner had made disclosures ...

  • Hopper & Anor v Hopper, Court of Appeal - Civil Division, December 12, 2008, [2008] EWCA Civ 1417

    1. Robert Edward Hopper (``Mr Hopper''), his wife June Lillian Hopper (``Mrs Hopper''), their son Robert John Hopper (``Robert'') and his wife Lyn Patricia Hopper (``Lyn'') were formerly partners in a fruit and vegetable wholesale business (``the Market Partnership'') and, separately, a farm business. Both partnerships, being partnerships at will,

    ... of the Limitation Act 1980 and the equitable doctine of laches to a claim for such undrawn profits, and entitlement to the ... entitlement is precluded by limitation or the equitable doctrine of laches in so far as it would involve re-opening accounts ... of s.42 must be seen in the context of the overall legal framework of dissolution of a partnership. Furthermore, although ...

  • Fraser & Ors v Oystertec Plc & Ors, Court of Appeal - Chancery Division, September 08, 2003, [2003] EWHC 2787 (Ch)

    1. This is an application for summary judgement by three of the Claimants, who are the minority shareholders in the defendant Easyrad Limited. Ostensibly, it is a case about a patent. But I believe it raises a question of law which is of more general significance. 2. Because this is an application for summary judgement I must instruct myself as to...

    ..., by exercising their voting rights, compel Easyrad to bring legal proceedings about it. The majority of the shareholding in Easyrad ... also contend that the Applicants' claim is barred by laches or acquiescence: they stood by too long and allowed the Patent to ... period, but the same result can be produced under the doctrines of laches or acquiescence. I believe there is nothing at all ...

  • Scottish Widows Fund and Life Assurance Society v BGC International, Court of Appeal - Chancery Division, March 31, 2011, [2011] EWHC 729 (Ch)

    1. In November 1994 Barings Securities Ltd (``Barings'') took four separate underleases in materially the same form of separate floors at One America Square, London for the term of 25 years commencing on 25 September 1991 with five yearly upward only rent reviews (the first review being on 29 September 2001). The issues arising at trial have been

    ... commercial transaction could be given a number of different legal forms, and that the slightly different economic effects of each ... have correctly understood Chartbrook [2009] UKHL 38 the doctrine of rectification requires there to have been a mistake about ... that recification should not be granted because of laches. I would have rejected this submission. The mere passage of time ...