REUTERS |
April 26, 2018

Making the most of mediation: a case study

REUTERS |
April 23, 2018

Lifting the interim moratorium: a new insight

Background

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 →

REUTERS | Antonio Bronic
April 20, 2018

A triple appeal granted and no denial of justice or penal costs: adjourning a trial on health grounds

In Solanki v Intercity Telecom Ltd and others, the defendant applied for an adjournment on health grounds. This was refused. The trial went ahead in his absence. The defence was struck out. The claimant was awarded damages of over £290,000 and the defendant was ordered to pay the claimant’s costs of just over £83,500. The defendant applied for the judgment to be set aside which was also refused. Continue reading →

REUTERS | Max Rossi
April 9, 2018

Aircraft leasing and contractual estoppel: signing an acceptance certificate will likely preclude future disputes as to delivery condition

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 judgment will be of particular interest to those in the aviation industry, and those advising such clients. In addition, the case is a useful illustration of the application of the doctrine of contractual estoppel established in Peekay Intermark v ANZ and Springwell Navigation v JP Morgan. Continue reading →

REUTERS |
April 3, 2018

Incurred costs: Tucker v Griffiths and Hampshire Hospitals NHS Foundation Trust

In May 2017, Master Rowley handed down judgment in Tucker v Griffiths and Hampshire Hospitals NHS Foundation Trust, dealing with various issues arising as preliminary points in a detailed assessment. The case centred on an alleged mis-certification of the claimant’s budget and, flowing from that, also dealt with hourly rates and good reason to depart (based on the alleged mis-certification). There is also a decision on the unrelated issue of the level of recoverable success fee. Continue reading →