Adjudication Practice. The Technology and Construction court dismissed the claimant sub-contractor's application for summary judgment to enforce an adjudicator's award (the award) in its favour. The court held that the failure to disclose to the defendant main contractor that the same adjudicator had also acted as the adjudicator in another adjudication concerning the claimant, in circumstances where factual inconsistencies in the two adjudications in respect of a critical matter in issue, namely delay, had not been disclosed to the defendant, amounted to a breach of natural justice such that the award would not be enforced.
Financial services Regulation of financial services. The Queen's Bench Division dismissed, in part, the claimants' application for summary judgment on a claim for repayment of loans which the first claimant had allegedly made to the first defendant in respect of a property development where the defendant had a reasonable prospect of establishing defences that some the loans were unenforceable under the and-or the because the first claimant had allegedly carried on a business of entering into 'regulated credit agreements' without a licence or authorisation or permission to do so and where the loans had been made and were being enforced in the course of that business. Summary judgment was granted in respect of some of the loans where none of the other defences relied upon in relation to them had any prospect of success.
Patent Revocation. The Patents Court, in the course of a dispute concerning the ability of the claimant company (FKB) to launch a generic drug of its own once the defendants' supplementary protection certificate had expired, dismissed the defendants' application for summary judgment. It held that FKB had a real prospect of success and that the United Kingdom courts had jurisdiction over FKB's application for a declaration against the first defendant.
Practice Summary judgment. The Technology and Construction Court allowed the claimant company's application to enforce the decision of an arbitrator. None of the defendant's contentions amounted to sufficient reason not to enforce the decision by summary judgment. The defendant's cross-application for consolidation of the two cases lacked merit and would be dismissed.
Company Shares. The Commercial Court allowed the claimant company's application for summary judgment in a claim concerning the purchase of shares in a company. The court held that the claimant's proposed amendments to the particulars of claim would not save the claim and that, on the true construction of two clauses of a share purchase agreement, the revised claim would be defeated.
Practice Summary judgment. The Chancery Division granted summary judgment to the trustees of Boris Berezovsky's insolvent estate, dismissing certain proprietary claims made by the claimant, his former long-term partner, where the claimant had no real prospect of successfully contending that either a litigation deed or a litigation agreement had created a trust of money recovered from litigation brought by B prior to his death or under a settlement agreement.
Highway Maintenance. The Queen's Bench Division held that the claimant had failed to prove its case against the authority under of the Highways Act 1980 in respect of an accident in which a crane being driven by an employee of the claimant left the road and was damaged.
Negligence Defence. In dismissing the claimants' appeal, the Court of Appeal, Civil Division, held that the defendant taxi driver had breached his duty of care to the claimant passengers, who had both suffered serious injuries from having 'jumped' a taxi, namely, from having got out of the taxi with the intention of making off without paying the fare. However, it was a stronger case to apply the maxim ofex turpi causa non oritur actio, especially since the crime of making off without payment had been far from incidental, but integral, both to the claim itself and any negligence on the part of the defendant driver.
Practice Pre-trial or post-judgment relief. The Queen' Bench Division dismissed the defendant insurer's application to stay an action brought by the claimants in the English courts under CPR Pt 11, on the basis that trial of an action should have been brought in Scotland where the accident, which was the subject of the claim, had occurred. The defendant had failed to persuade the court that Scotland was the preferable forum for the claim.
Damages Personal injury. The Queen's Bench Division made an award of general and other specific damages for the claimant on the basis of the admission of liability by the defendants in respect of two accidents, one occurring in Poland and the other occurring in the United Kingdom.