23/2/24
THG PLC v ZEDRA TRUST COMPANY (JERSEY) LTD [2024] EWCA Civ 158
Unfair prejudice petitions are subject to a 6 year limitation period under s.9 Limitation Act 1980 where the only relief sought is the payment of money, whether liquidated or unliquidated [129].
23/2/24
DERMA MED LTD v ALLY [2024] EWCA Civ 175
Explains principles requiring full and frank disclosure on injunction applications [29]. Here the injunction should not have been discharged because the failures of disclosure were not deliberate and were relatively insubstantial. The judge below should have considered whether some measure short of setting aside the injunction could be used to mark the failure.
22/2/24
PALLADIAN PARTNERS LP v THE REPUBLIC OF ARGENTINA [2024] EWCA Civ 139
Considers principles for imposing a condition under CPR r.52.6(2)(b) that the appellant pay money to be held in escrow pending determination of an appeal.
8/2/24
YM (CARE PROCEEDINGS) (CLARIFICATION OF REASONS) [2024] EWCA Civ 71
The court gave guidance [90] as to when and how counsel may properly seek clarification of a trial judge’s reasons.
1/2/24
WALKER v IRWIN MITCHELL LLP [2024] EWCA Civ 53
Solicitors offering advice on a helpline had no retainer with the caller but had owed the caller a duty of care. The firm had only given high-level preliminary advice which was accurate and the scope of its duty had not required it to give wider-ranging advice about steps the caller might take to protect her position before issuing proceedings to ensure that a tour operator notified its insurer so as to safeguard against the risk of unenforceability of any judgment later obtained if the tour operator became insolvent.