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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  









Equity - From: 1997 To: 1997

This page lists 9 cases, and was prepared on 22 November 2014.

 
Bank of Credit & Commerce International SA (No 8) [1997] 4 All ER 568
1997
CA

Equity
A security was granted to secure a debt owed by a third party.
1 Cites

1 Citers



 
 Barclays Bank Plc -v- Estates and Commercial Limited; CA 1997 - [1997] 1 WLR 415

 
 Grand Metropolitan plc -v- Wm Hill Group Ltd; 1997 - [1997] 1 BCLC 390

 
 Union Eagle Limited -v- Golden Achievement Limited; PC 3-Feb-1997 - Times, 07 February 1997; [1997] UKPC 5; [1997] 2 WLR 341; [1997] AC 514; [1997] 2 All ER 215
 
Stephen Swindle Timothy Millard Fillmore Tony Charles Cox Rosalind Helen Rowett -v- Miles Justin Harrison Mary Agnes Harrison Times, 17 April 1997; [1997] EWCA Civ 1339
25 Mar 1997
CA

Equity, Legal Professions, Undue Influence
Negligence short of fraud gave no right to damages for non-disclosure.
[ Bailii ]
 
Isle Rust -v- John Rust [1997] EWCA Civ 1903
19 Jun 1997
CA

Equity

[ Bailii ]
 
Mellowes Archital Limited -v- Bell Projects Limited [1997] EWCA Civ 2491; [1997] 87 BLR 26
15 Oct 1997
CA
Hobhouse LJ, Buxton LJ
Construction, Equity
The court referred to "the distinction between the common law defence of abatement and the defence of equitable set-off".
1 Citers

[ Bailii ]

 
 Taylor -v- Dickens and Another; ChD 24-Nov-1997 - Times, 24 November 1997; [1998] 1 FLR 806
 
MCC Proceeds Inc (Incorporated Under the Laws of the State of Delaware, USA As Trustee of the Maxwell Macmillan Realization Liquidating Trust) -v- Lehman Brothers International (Europe) Times, 14 January 1998; Gazette, 04 February 1998; [1997] EWCA Civ 3068; [1998] 4 All ER 675; [1998] 2 BCLC 659
19 Dec 1997
CA
Mummery LJ
Equity, Contract
The owner only of an equitable interest in goods may not assert his interest against a bona fide purchaser of the legal title to the goods. International Factors v. Rodriguez was decided per incuriam to the extent that it held that equitable rights conferred a status to sue in conversion, or that the holding was obiter.
Mummery LJ said: "There was no valid reason for Macmillan not joining LB as a defendant to the first action, so that all claims in relation to the title to the Berlitz shares could be decided in the same action and bind all interested parties . . it is an abuse of the process of the court to bring [the action] against LB: the substantial issue raised in it (i.e. the title to the Berlitz shares) has already been decided, on both law and fact, in the first action in circumstances which preclude the parties in this action from attempting to litigate that issue again."
1 Cites

1 Citers

[ Bailii ]
 
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