In this blog I outline how a dispute between Kettle Foods (K) and a distributor (D) in a European market was successfully resolved through mediation, together with some insight into how to make the most of the mediation process. Continue reading →
In TST Millbank LLC and another v Resolution Real Estate Ltd (8 February 2018) (unreported), the legal and beneficial owners of the head-lease of commercial property (C) brought a claim against their tenant (D) for unpaid service, to which D counterclaimed. D failed to provide security for costs and so, in autumn 2017, judgment was entered for C on the counterclaim. Over the next few months D made a number of hopeless applications, including one to adjourn trial, due to start in early February. On 31 January 2018, two clear days before the start of the trial window, D served a copy of a notice of intention to appoint an administrator (NOI), the effect of which was to impose an interim moratorium pursuant to paragraph 44 of Schedule B1 to the Insolvency Act 1986 (Schedule B1). D waited until 5 February 2018, the first day of the window, to serve the NOI on the qualifying floating charge holder (a connected BVI company), thereby precluding an appointment within the trial window at all. On 5 February 2018, C filed an application for permission, pursuant to paragraphs 44((5) and 43(6)(b) of Schedule B1, to proceed with the trial notwithstanding the moratorium. The application came before Nugee J on 7 February 2018, who granted D’s request for a 24 hour adjournment, simultaneously arranging for trial to be listed to start on 12 February 2018. On the adjourned hearing, the application was granted. Continue reading →
Mixed news. Your maiden aunt, Aunt Agatha, has died aged 92, but she has left the bulk of her wealth to you and the solicitors instructed by her executor to administer the estate have now completed their work. Continue reading →
In Aquila WSA Aviation v Onur Air, Cockerill J gave summary judgment for the claimant on its claim for unpaid sums and damages arising from a lease of an aircraft engine. The lease was comprised of standard IATA Master Short Term Engine Lease Agreement terms (the Master Agreement) and various additional bespoke terms (the Lease Agreement).
The new form electronic bill, coming into force tomorrow (6 April 2018), is “bound to save time and costs” and soon “people will be amazed that we had put up with the old paper-based bill for so long”, Jackson LJ predicted as he reflected on his reforms ahead of his retirement from the bench on 7 March 2018. Continue reading →