United Kingdom

Subscribe to United Kingdom via RSS
In Clydesdale Financial Services Ltd and others v Robert Smailes and others [2009] EWHC 3190 (Ch), the principal issues before the Court were whether the third claimant, Focus Insurance Company Ltd (Focus), had a real prospect of success in its claims to be, first, a creditor (under the Insolvency Act 1986) of the fifth defendant, Alexander Samuel LLP (LLP) in respect of unpaid premiums and, second, a “victim” under ss.423-425 of the Insolvency Act 1986 of the sale of LLP’s business to Jiva Solicitors LLP (Jiva) effected around the same time as it went into administration. 

…
Read More UK: English High Court Decides that a Non-Creditor Can be Established as a “Victim” of a Transaction at an Undervalue

In Ms Jacqueline Power v (1) The Trustees of the Open Text (UK) Limited Group Life Assurance Scheme (2) Open Text (UK) Limited [2009] EWHC 3064 (Ch), the High Court considered whether either the trustee of an employee life assurance scheme or the employer that issued the scheme was under a duty to consider the level of cover provided under the scheme and whether the trustee was under a duty to consider whether the cover was appropriate. 

…
Read More UK: Trustees’ Duties in Employee Life Assurance Schemes

(1) Cavell USA (2) Kenneth Edward Randall v (1) Seaton Insurance (2) Stonewall Insurance [2009] EWCA Civ 1363, concerned the construction of a Termination and Release Agreement, which provided for English law and jurisdiction and, under clause 13, for a full release by Randall from “all actions, causes of action, suits, claims and demands whatsoever, whether at law or equity…save…(iii) in the case of fraud” on Randall’s part. 

…
Read More UK: Construction of Termination and Release Agreement; Claims in Fraud

In National Navigation Co v Endesa Generacion SA [2009] EWCA Civ 1397 the Court of Appeal overturned the first instance judgment of Mrs Justice Gloster (previously reported on the blog here) and held that the English court was bound by an earlier decision of the Spanish court to the effect that no arbitration clause was incorporated into the relevant contract. 

…
Read More UK: Court of Appeal Clarifies the Scope of the West Tankers Decision

The new Lugano Convention enters into force in the European Union and Norway on 1 January 2010. It will replace the 1988 Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. 

…
Read More UK: Civil Jurisdiction and Judgments Regulations 2009 (SI 2009/3131) Will Bring the New Lugano Convention into Force in the UK on 1 January 2010

In a judgment issued on 15 December in the English High Court (Lehman Brothers International (Europe)(in administration) v CRC Credit Fund Limited & Ors [2009] EWHC 3228), and based on assumed facts presented to him, Mr Justice Briggs described the failure by LBIE to protect client monies from the impact of insolvency as “truly spectacular” and involving “shocking underperformance“. 

…
Read More UK: English High Court Judge Blasts the Spectacular Failure to Protect Client Monies by Lehman Brothers International (Europe) (LBIE), its Auditors and Regulators

In AC Ward & Son Ltd v Catlin (Five) Ltd & Ors [2009] EWHC 3122 (Comm), the claimant, AC Ward & Son Limited (AC Ward) was the owner of a warehouse in Essex, which was left unoccupied at weekends.  AC Ward obtained insurance through its brokers, Henderson Insurance Brokers Limited (the Brokers) and the insurance was underwritten by Catlin (Five) Limited (the Insurers) pursuant to a binding authority granted to AT Docherty General Underwriting Agency Limited (ADC). 

…
Read More UK: High Court Rules on Avoidance and Breach of Warranty Issues