Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan v Ioannis Kent (Aka John Kent)
Jurisdiction | England & Wales |
Judge | Lord Justice Leggatt |
Judgment Date | 22 February 2018 |
Neutral Citation | [2018] EWHC 333 (Comm) |
Court | Queen's Bench Division (Commercial Court) |
Docket Number | Case No: CL-2016-000265 |
Date | 22 February 2018 |
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60 cases
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TAQA Bratani Ltd v Rockrose UKCS8 LLC
...[2013] 1 All E.R (Comm) 132, Globe Traders v. TRW Lucas Varity Electric Steering [2017] 1 All E R (Comm) 601 and Al Nehayan v Kent [2018] EWHC 333 (Comm). 31 The claimants maintain that the clauses on which they rely created an express and unqualified power to terminate, not a contractual......
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Zenith Logistics Services (UK) Ltd v Peter James Keates
...It is exceptional for fiduciary duties to arise other than in those settled categories: see Leggatt LJ in Sheikh Al Nehayan v Kent [2018] EWHC 333 (Comm) at [157]. Whilst fiduciary duties may exist outside such established categories, the task of determining when they do is not straightfor......
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Oliver Dean Morley t/a Morley Estates v The Royal Bank of Scotland Plc
...between relationships which give rise to fiduciary duties and other contractual relationships” ( Sheikh Tahnoon Al Nehayan v. Kent [2018] EWHC 333 (Comm) at 143 Mr Sims submitted that the loan agreement, as extended, had “characteristics redolent of a joint venture or long term relational ......
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The ECU Group Plc v HSBC Bank Plc
...confidence in HBPB such that a fiduciary relationship was created. I note the following observations of Leggatt LJ in Al Nehayan v Kent [2018] 1 CLC 216 at [163]–[164]: “163. Counsel for Mr Kent placed heavy emphasis on the close personal relationship between Mr Kent and Sheikh Tahnoon and ......
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12 firm's commentaries
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Complex Commercial Litigation Law Review – England and Wales
...EWHC 1789, the ‘law has not yet reached a state of settled clarity’.63 Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Neyahan v. Kent [2018] EWHC 333 (Comm). See also Bates v. Post Office Ltd (No 3) [2019] EWHC 606 (QB), Cathay Pacific Airways Ltd v. Lufthansa [2020] EWHC 1789 and Essex County C......
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Complex Commercial Litigation Law Review - Fifth Edition - England & Wales
...EWHC 1789, the ‘law has not yet reached a state of settled clarity’.67 Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Neyahan v. Kent [2018] EWHC 333 (Comm). See also Bates v. Post Oce Ltd (No. 3) [2019] EWHC 606 (QB), Cathay Pacic Airways Ltd v. Lufthansa [2020] EWHC 1789 and Essex County Cou......
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Good Faith in English Contract Law
...Civ 39610. [2019] EWHC 606 (QB)11. [2019] EWHC 2322 (Ch)12. Teesside Gas Transportation v CATS North Sea [2019] EWHC 1220 (Comm)13. [2018] EWHC 333 (Comm) KeyContactsAlistair CalvertPartnerLondonJameela BondSenior AssociateLondonbracewell.com3. On the other hand, in UK Acorn Finance Ltd v M......
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Complex Commercial Litigation Law Review – England & Wales
...Shipping Company SA v. Cottonex Anstalt [2016] EWCA Civ 789. 42 Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Neyahan v. Kent [2018] EWHC 333 (Comm). 43 Robinson v. Harman (1848) 1 Ex © 2019 Law Business Research Ltd England & Wales 69 The burden of proof lies on the claimant to prove factual c......
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2 books & journal articles
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Abuse of Rights in English Contract Law: Hidden in Plain Sight?
...S eng i bid at [137]-[152]; for a more recent decision of Leggatt LJ (sitting in the High Court)on good faith,see Al Nehayan vKent [2018] EWHC 333 (Comm) at [167]-[176]; see also LeggattJ, n 40 above at [30].There has been controversy over the meaning of good faith, in particularwhether it ......
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UNCERTAINTY IN PRIVATE LAW: RHETORICAL DEVICE OR SUBSTANTIVE LEGAL ARGUMENT?
...unfair dealing by the party making the threat, or (c) what is threatened is otherwise a use of power for illegitimate ends. (112) [2018] EWHC 333 (Comm), (113) Ibid. (114) Davies and Day, '"Lawful Act" Duress (Again)' (n 26) 9. (115) Ibid 10. (116) Indeed, many cases of actual undue influen......