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Cases Hannah Ilett

Goldtrail Travel v Aydin & Ors (2017)

Judgment Date: 02 Aug 2017

The Supreme Court set out the factors to be considered when determining whether a company's appeal would be stifled by its inability to comply with a condition to pay a sum into court. The making of such an order for a company without assets could not be justified by reliance on the fact that the company's owner could potentially make the payment, without considering whether he would actually do so.

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Wilkinson v JS Property Holdings Inc (2016)

Judgment Date: 27 May 2016

The claimants were entitled to maintain a tracing claim in relation to a property which had been purchased by a company using damages held on trust for the claimants. Their claim was not statute barred because a relevant fact which they alleged had been concealed could not with reasonable diligence have been discovered at any earlier date.

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Hannah Ilett

Practice areas
Private Client

Goldtrail Travel Ltd v Aydin (2015)

Judgment Date: 11 Jun 2015

The continuation of a Turkish airline's appeal against a judgment sum awarded in a UK travel company's favour was made conditional on the airline paying the judgment sum into court alongside security for the travel company's costs. The imposition of the condition was justified by the fact that the airline had ceased operating flights to the UK and had no assets in the jurisdiction, thereby depriving the travel company of the normal means of enforcing judgment if the appeal failed.

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Mohammed Ghadami v Donegan (2014)

Judgment Date: 27 Nov 2014

Although a judge had erred because, in refusing to set aside a statutory demand founded on a unpaid costs order, he had done so on the wrong basis, his decision was upheld because the counterclaim advanced by the subject of the demand in the underlying proceedings which had led to the making of the demand was entirely unsustainable.

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Goldtrail Travel Ltd (In Liquidation) v Abdulkadir Aydin & Ors (2014)

Judgment Date: 22 May 2014

The sole director and shareholder of a company in liquidation had breached his fiduciary duties to the company by misapplying its money and had breached the Companies Act 2006 s.175 by putting himself in a position where he had an interest that conflicted with its general interests.

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Anthony Armbrister, Cyril Armbrister v Marion Lightbourn & Ors (2012)

Judgment Date: 11 Dec 2012

Where neither the first instance court nor the Court of Appeal of the Bahamas had made a proper analysis of the evidence in proceedings concerning title to two areas of land, it was proper for the Board of the Privy Council to review the conclusions they had reached. Where claimants had acted as occupying owners of the land in the mistaken belief that they had good title to it, and there had been no serious challenge to that evidence, the Bahamian courts had erred in regarding that evidence as insufficient to establish possessory title.

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