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Cases Nicholas Peacock

State Bank of India & 12 Ors v (1) Vijay Mallya (2) Ladywalk Llp (3) Rose Capital Ventures Ltd (4) Orange India Holdings Sarl (2018)

Judgment Date: 08 May 2018

A judgment of the Bangalore Debt Recovery Tribunal could properly be registered under the Foreign Judgments (Reciprocal Enforcement) Act 1933.

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UBS AG v Kommunale Wasserwerke Leipzig GMBH (2017)

Judgment Date: 16 Oct 2017

A judge had been right to grant rescission of derivative contracts between a bank and its customer on the grounds of bribery and conflict of interests. He had erred in holding the bank responsible for the bribe, because the third party making it had not, on the facts, been acting as the bank's agent at the time. However, the bank was responsible for the bribe in equity, because it had dishonestly assisted the third party in achieving its corrupt aims. The court examined the nature of fiduciary relationships, the concept of attribution, and the availability of equitable remedies.

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Asset Land Investment PLC v Financial Conduct Authority (2016)

Judgment Date: 20 Apr 2016

Certain "land banking" schemes, under which a company marketed plots of land on sites to investors by undertaking to progress planning procedures at the sites, procure the sites' sale and pay the investors a share of the consideration, were unauthorised collective investment schemes within the Financial Services and Markets Act 2000 s.235.

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AB International (HK) Holdings PLC Ltd & AB (Australia) Pty Ltd v AB Clearing Corp Ltd (2015)

Judgment Date: 29 Jul 2015

An application by claimants in arbitral proceedings for urgent interim relief in the form of disclosure of profits made by the defendants in a joint venture would be refused because the claimants had not been pursuing their claim for trading profits in the arbitration but by way of separate Commercial Court proceedings.

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UBS AG (London Branch) & Ors v Landesbank Baden-Wurttemberg & Ors (2014)

Judgment Date: 04 Nov 2014

A German municipal water company had made out two grounds on which it was entitled to rescind a single tranche collateralised debt obligation (STCDO) which it had entered into with a bank: there was an agency relationship between the company's financial advisers and the bank, and the advisers had paid a bribe to the company's managing director which was within the scope of the agency so as to make the bank liable for it in law; also the bank knew that the advisers were subject to a conflict of interest.

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John Green & Paul Rowley v Royal Bank of Scotland Plc (2013)

Judgment Date: 09 Oct 2013

The existence of an action for breach of statutory duty consequent on the contravention by a bank of the Conduct of Business Rules did not give rise to a co-extensive common law duty of care.

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Financial Services Authority v European Property Investments (UK) Ltd (2012)

Judgment Date: 07 Dec 2012

The Financial Services Authority had jurisdiction to petition for the winding up of a company that operated a landbanking scheme because that scheme constituted a collective investment scheme within the meaning of the Financial Services and Markets Act 2000 s.235, and the company had therefore been carrying on a regulated activity without authorisation contrary to s.19 of the Act. A winding-up order was made because the company was insolvent and it was just and equitable to do so.

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In the Matter of Rayford Homes Ltd v Bank of Scotland Plc & Barclays Wealth Trustees Ltd (2011)

Judgment Date: 23 Jul 2011

On the proper construction of an intercreditor agreement to which a bank and a trustee were parties, together with the company they funded, the bank's priority as a secured creditor of the company was limited, but not to the figure of £27.5 million as contended by the trustee.

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In The Matter Of Lehman Brothers International (Europe) (In Administration) (October 2009)

Judgment Date: 21 Oct 2009

The proper construction of a prime brokerage agreement was that the counterparty to the agreement retained a beneficial interest in the securities held by the broker as custodian and in cash derived from those securities. As a result, the counterparty was a secured creditor for both cash and securities in the broker's administration.

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In the matter of Global Trader Europe Ltd (In Liquidation) v City Facilities Management Ltd & Ors

Judgment Date: 24 Mar 2009

Clients of a derivatives broker whose money had mistakenly not been paid into a segregated account to be held on trust for them were not entitled on the broker's liquidation to have the monies owed to them treated as being held on trust in the segregated account.

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Kier Regional Ltd v City & General (Holborn) Ltd & Others (2008)

Judgment Date: 17 Oct 2008

Interim third party debt orders would not be made final where the third parties' liabilities to the judgment debtor were in reality contingent liabilities or had not yet been quantified so that no debt was due and owing from the third parties. Even if there had been a debt due and owing, as a matter of discretion the orders would not be made final because that would cause the third parties to go into insolvent liquidation and a hearing to challenge the underlying arbitration award was imminent.

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Finlan v Eyton Morris Winfield (a firm) (2007)

Judgment Date: 23 Apr 2007

Although the terms of an assignment had been agreed, there had been no equitable assignment prior to the completion of a deed of assignment since the assignor had not given an outward expression of its intention to make an immediate disposition of the subject matter of the assignment.

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In The Matter Of The Inertia Partnership LLP (2007)

Judgment Date: 23 Feb 2007

There was a close analogy between the court's power under the Financial Services and Markets Act 2000 s.367(3)(b) to wind up a company on the just and equitable ground and the court's well-established jurisdiction to make winding-up orders on the petition of the secretary of state under the Insolvency Act 1986 s.124A.

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Nearfield Ltd v (1) Lincoln Nominees Ltd (2) Lincoln Trust Co (Jersey) Ltd (2006)

Judgment Date: 09 Oct 2006

The obligation in a joint venture agreement on one party to procure that a loan was repaid by another party imposed an obligation on the first party to see to it that the second party repaid the loan or, in the event that the latter defaulted, to pay damages equal to the amount payable but not repaid.

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Financial Services Authority (A Company Limited by Guarantee) v John Martin & Adrian Sam & Co (2005)

Judgment Date: 25 Nov 2005

The Financial Services and Markets Act 2000 (Transitional Provisions and Savings) (Civil Remedies, Discipline, Criminal Offences etc.) (No. 2) Order 2001 reg.2(4) should be construed as providing that no person could be subject to an order under the Financial Services and Markets Act 2000 s.380(2) by reason of pre-commencement conduct in breach of the Financial Services Act 1986 s.3, unless that breach had involved entry into a transaction, regardless of whether the person against whom the order was sought had himself entered into the transaction.

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Velmore Estates Ltd & Ors v Roseberry Homes Ltd (2005)

Judgment Date: 31 Oct 2005

Where the appellant had a remedy in damages, he could not be required to mitigate his loss by accepting an offer that would deprive him of his remedy.

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Murugesu Kanapathipillai Sritharan v Law Society (2005)

Judgment Date: 27 Apr 2005

When deciding whether to dismiss an application under the Solicitors Act 1974 Sch.1 para.6(4), in circumstances where the Law Society's decision to exercise its statutory powers of intervention was not flawed, a court was not required to ask itself whether it should fashion an alternative remedy.

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In The Matter Of Crystal Palace Football Club (1986) Ltd (2005)

Judgment Date: 03 Feb 2005

Construing the language of clauses contained in a business sale agreement within the context in which it had been agreed, it was clear that rights to contingent fees had not been included within the assets transferred under the agreement to the appellant.

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Christopher Evans v SMG Television Ltd & Ors (2003)

Judgment Date: 26 Jun 2003

The claimant's breaches of his obligations under a radio presenter's agreement entitled a radio station to treat that agreement as discharged and also caused termination of an associated partnership agreement. The defendants were entitled to an inquiry as to consequential damages.

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