Search Results 1 to 29 of 29

LIUBOV FORD v RICHARD LABRADOR (2003)

An order for the petitioner to pay the respondent's costs of an unsuccessful appeal as a condition of her case proceeding in the Gibraltar Supreme Court was set aside since it impaired the petitioner's right of access to the court in breach of her constitutional rights.

CIVIL PROCEDURE - HUMAN RIGHTS - CONSTITUTIONAL

PC (Lords Hope, Rodger and Sir Philip Otton) 22/5/2003

References: LTL 27/5/2003 : TLR 5/6/2003

Document No.: Case Law - AC0105132

LIUBOV FORD v THE QUEEN (2003)

Special leave to appeal against a decision of the Gibraltar Magistrates' Court was refused because the petitioner had not exhausted all local remedies.

CIVIL PROCEDURE - CRIMINAL PROCEDURE - HUMAN RIGHTS

PC (Lords Hope and Roger, Sir Philip Otton) 9/4/2003

References: LTL 1/5/2003 (Unreported elsewhere)

Document No.: Case Law - AC0105000

(1) WHA LTD (2) VISCOUNT REINSURANCE v CUSTOMS & EXCISE COMMISSIONERS (2003)

Where garages repaired cars under motor breakdown insurance policies the garages made a taxable supply of services to the taxpayer company which handled claims on behalf of the insurers and the claims handler made exempt supplies, as an insurance intermediary, to Gibraltarian reinsurers.

CUSTOMS AND EXCISE - INSURANCE - EUROPEAN - TAX

Ch.D (Lloyd J) 28/2/2003

References: LTL 28/2/2003 : (2003) STC 648

Document No.: Case Law - AC0700412

(1) VISHAL HARISH CHELLARAM (2) ASHWIN HARISH CHELLARAM v LOKUMAL KISHINCHAND CHELLARAM & 7 ORS (2002)

It remained a fundamental principle of English procedure and jurisdiction, notwithstanding the advent of the Civil Procedure Rules 1998 SI 1998/3132, that a defendant might be served with originating process within the jurisdiction only if he was present in the jurisdiction at the time of actual or deemed service.

CIVIL PROCEDURE - CPR - TRUSTS

Ch.D (Lawrence Collins J) 16/4/2002

References: LTL 17/4/2002 : (2002) 3 All ER 17

Document No.: Case Law - AC0103029

ZAHID IQBAL DEAN v (1) MARIANNE PREDIGER DEAN (2) AZIZ JESSA (3) FIROZ HAIDERU JESSA (4) BRYAN ROGER LIZZIMORE (5) THE CHIEF LAND REGISTRAR (2000)

Where a claimant had suffered loss by reason of an error on the land register and was entitled to an indemnity by virtue of s.83(2) Land Registration Act 1925 it was not appropriate to apply a "but for" test in considering whether the claimant's loss had been caused "wholly" as a result of his own lack of proper care thereby disentitling him to an indemnity by virtue of s.83(5).

FRAUD - CIVIL PROCEDURE - REAL PROPERTY - CPR

CA (Peter Gibson LJ, May LJ, Hale LJ) 15/6/2000

References: LTL 15/6/2000 EXTEMPORE : (2000) EGCS 76

Document No.: Case Law - AC9200180

R v LUTON JUSTICES, EX PARTE JUDAH ABECASIS (2000)

In seeking an order under s.42(3) Drug Trafficking Act 1994 for the further detention of cash seized, the receipt by the justices of Form C in the schedule to the Magistrates' Courts (Detention and Forfeiture of Drug Trafficking Cash) Rules 1991 was not mandatory and in any event its receipt did not constitute a necessary part of the originating process so as to render the process irretrievably flawed if not received.

CRIME - CRIMINAL PROCEDURE - ADMINISTRATIVE

CA (Kennedy LJ, Chadwick LJ, May LJ) 9/3/2000

References: LTL 9/3/2000 EXTEMPORE : TLR 30/3/2000

Document No.: Case Law - AC8400624

SERGEI VIKTOROVICH DEGTIAREV v ANU MOHAN (2000)

Claim in fraudulent misrepresentation where the defendant had misrepresented both the identity of the owner of the borrowing company and its nationality.

CONTRACT - COMMERCIAL - FRAUD - MISREPRESENTATION

Technology & Construction Court (HH Judge Thornton QC) 18/2/2000

References: LTL 1/3/2000 (Unreported elsewhere)

Document No.: Case Law - AC7200810

KRUGER SERVICE (GIBRALTAR) LTD (Applicant) v IN-TOWN DEVELOPMENTS LTD (Respondent) (1999)

Prima facie, arbitration proceedings were cloaked with an obligation of confidence: a party who was subject to such an obligation could not use an interim award (disclosed in related arbitral proceedings) as a trigger for seeking a Mareva injunction.

ARBITRATION - CIVIL PROCEDURE - COMMERCIAL

CA Gibraltar (Neill P, Glidewell J A, Clough J A) 30/9/99

References: LTL 12/11/99 (Unreported elsewhere)

Document No.: Case Law - AC7200523

GIBRALTAR HOMES LTD (Claimant) v AGROMAN EMPRESA CONSTRUCTION SA (Defendant) (1999)

The proper corporate purposes of a Spanish company included the giving of a guarantee securing the obligations of its sub-subsidiary: the giving of the guarantee had been within the power of attorney granted to the persons executing the guarantee.

GUARANTEE AND INDEMNITY - CONTRACT - COMMERCIAL - INTERNATIONAL

Technology & Construction Court (HH Judge Richard Havery QC) 30/7/99

References: LTL 8/9/99 (Unreported elsewhere)

Document No.: Case Law - AC7200279

JYSKE BANK (GIBRALTAR) LTD (Plaintiff) v WOLFGANG HERBERT HEINL & ORS (Defendants) (1999)

The standard of proof for dishonestly assisting breaches of fiduciary duty had to involve a high level of probability. In the present case, there was insufficient evidence to justify a finding of relevant dishonesty on the part of one of the defendants, with the result that the claims as to knowing assistance and conspiracy against him both failed.

FRAUD - TORT - CONTRACT - EQUITY

CA (Nourse LJ, Sedley LJ, Colman J) 29/7/99

References: LTL 29/7/99 : TLR 28/9/99 : (1999) Lloyd's Rep Bank 511

Document No.: Case Law - AC0006073

R v LUTON JUSTICES, EX PARTE JUDAH ABECASIS (1999)

Although no form C application had been before the clerk to the justices as required by r.7(1) Magistrates' Courts (Detention and Forfeiture of Drug Trafficking Cash) Rules 1991, the justices had been entitled to order further detention of cash pursuant to s.42(3) Drug Trafficking Act 1994.

CRIMINAL PROCEDURE - ADMINISTRATIVE

QBD (Owen J) 29/6/99

References: LTL 30/6/99 EXTEMPORE (Unreported elsewhere)

Document No.: Case Law - AC9300156

THE TRUSTEE OF THE PROPERTY OF JAN YNGVE PEHRSSON (A BANKRUPT) (Appellant) v MADELEINE VON GREYERZ (Respondent) (1999)

A gift of property intended to be effected by the transfer of shares was to be treated as taking place at the time when it was actually completed, namely the date of execution of the share transfers.

INSOLVENCY AND BANKRUPTCY - TRUSTS - EQUITY - PROPERTY

PC (Lords Hoffmann, Jauncey, Lloyd, Hope and Clyde) 16/6/99

References: LTL 18/6/99 (Unreported elsewhere)

Document No.: Case Law - AC7200033

HM ATTORNEY-GENERAL FOR GIBRALTAR v GEOFFREY PETER MAY & ORS (1998)

The Gibraltar court was best placed to exercise its discretion in criminal proceedings in determining whether to admit self-incriminatory evidence given on affidavit in English civil proceedings.

CRIME - CRIMINAL PROCEDURE - CIVIL PROCEDURE - EVIDENCE - CONFLICT OF LAWS

CA (Hirst LJ, Ward LJ, Robert Walker LJ) 6/11/98

References: LTL 6/11/98 : TLR 20/11/98 : (1999) 1 WLR 998

Document No.: Case Law - AC7900029

JYSKE BANK (GIBRALTAR) LTD (Plaintiff) v JAN HENNING SPJELDNAES & 39 ORS (NO.2) (Defendants) (1998)

In the absence of a winding-up order, a bank which had a judgment in its favour for the recovery of fraudulently abstracted monies had no locus standi to enforce its claims as against a solvent company. The bank was in the same position as a creditor.

BANKING - TRUSTS - INSOLVENCY AND BANKRUPTCY - CIVIL PROCEDURE - FRAUD

Ch.D (Evans-Lombe J) 29/10/98

References: LTL 29/10/98 : TLR 6/11/98 : (1999) 2 BCLC 101

Document No.: Case Law - AC8000930

THE TECHNOLOGY PARTNERSHIP PLC (Plaintiff) v (1) AFRO-ASIAN SATELLITE COMMUNICATIONS (UK) LTD (2) AFRO-ASIAN SATELLITE COMMUNICATIONS LTD (3) ASC COMMUNICATIONS LTD (4) AFRO-ASIAN SATELLITE COMMUNICATIONS (GIBRALTAR) LTD (5) SUBHASH CHANDRA (Defendants) (1998)

Whether letters sent to plaintiff by the defendant constituted sufficient memoranda of a prior oral contract alleged to have been agreed between the parties for the purpose of s.4 Statute of Frauds 1677 of any warranty which might have been given by the defendant that he would guarantee that plaintiff's outstanding invoices would be paid.

CIVIL PROCEDURE - GUARANTEE AND INDEMNITY - CONTRACT

CA (Peter Gibson LJ, Pill LJ, Mummery LJ) 12/10/98

References: LTL 12/10/98 EXTEMPORE (Unreported elsewhere)

Document No.: Case Law - AC9500050

JYSKE BANK (GIBRALTAR) LTD v SPJELDNAES & ORS (1998)

Application for relief under s.423 Insolvency Act 1986 did not amount to insolvency proceedings.

CIVIL PROCEDURE - INSOLVENCY AND BANKRUPTCY

Ch.D (Evans-Lombe J) 5/10/98

References: TLR 10/10/98

Document No.: Case Law - AC0007305

DAVID ALEXANDER SCHILLER (Appellant) v (1) HM ATTORNEY-GENERAL FOR GIBRALTAR (2) THE CAPTAIN OF THE PORT OF GIBRALTAR (Respondents) (1998)

Challenge to the refusal of the Gibraltarian authorities to issue a fast launch licence and also as to the validity of the licensing Fast Launches (Control) Ordinance 1987.

ADMINISTRATIVE - LICENSING

PC (Lords Irvine LC, Lloyd, Hoffmann, Cooke and Hope) 20/7/98

References: LTL 11/9/98 (Unreported elsewhere)

Document No.: Case Law - AC0007246

R v GRAHAM KIMBER (1998)

The CA dismissed an appeal where an appellant's conviction for importing cannabis was not made unsafe on the basis of either the jury knowing about the guilty pleas of his co-accused or by any other direction given by the judge.

CRIME - EVIDENCE - CUSTOMS AND EXCISE

CA (Roch LJ, Sachs LJ, Poole LJ) 20/5/98

References: LTL 20/5/98 (Unreported elsewhere)

Document No.: Case Law - AC8200198

R v (1) COLIN PEARSON (2) BARRY CORBETT (3) MELVYN LOHSE (1998)

Trial properly conducted in the absence of and without prejudice to a defendant. The issue of the prosecution's principal witnesses' credibility had been left to the jury. Appeal against conviction for conspiracy to defraud dismissed.

CRIME - CRIMINAL PROCEDURE - CUSTOMS AND EXCISE - FRAUD - COMMERCIAL - EUROPEAN - SENTENCING - GUARANTEE AND INDEMNITY

CA (Roch LJ, Potts J and Poole J) 20/2/98

References: LTL 20/2/98 : ILR 25/2/98

Document No.: Case Law - AC8800063

NAVIGAS LTD OF GIBRALTAR v ENRON LIQUID FUELS INC (1997)

Preliminary issue whether standard terms were incorporated by virtue of incorporation clause into a contract. Mutual intention of parties.

CONTRACT

QBD (Colman J) 11/8/97

References: LTL 11/8/97 : (1997) 2 Lloyd's Rep 759

Document No.: Case Law - AC8100027

ALGOL MARITIME LTD (Appellants) v ANTONIO GALLEGUILLOS ACORI (Respondent) (1997)

Appeal by shipowners from a decision by the Court of Appeal of Gibraltar as to their liability under a seaman's employment contract to pay compensation for an accident while working on deck.

EMPLOYMENT

PC (Lords Browne-Wilkinson, Slynn, Nicholls, Steyn and Clyde) 21/7/97

References: LTL 9/8/97 (Unreported elsewhere)

Document No.: Case Law - AC0006111

IN RE BCCI SA (IN LIQUIDATION) (NO.10) sub nom RE BANK OF CREDIT & COMMERCE INTERNATIONAL SA (1996)

Court direction on release of funds to the Luxembourg liquidators of the Bank of Credit and Commerce ('BCCI') for distribution to creditors and the court's refusal to disapply Insolvency Act 1986 set-off rules.

INSOLVENCY AND BANKRUPTCY - COMMERCIAL - INTERNATIONAL

Ch.D (Sir Richard Scott V-C) 6/8/96

References: LTL 17/8/96 : TLR 8/10/96 : (1996) 4 All ER 796 : (1997) 2 WLR 172 : (1997) 1 BCLC 80

Document No.: Case Law - AC0004707

E D & F MAN SHIP LTD v KVAERNER GIBRALTAR LTD (THE ROTHNIE) (1996)

Determining the appropriate jurisdiction in which to try a dispute over a contract which provided for Gibraltarian law to be the proper law of the contract and for the Gibraltarian courts to have non-exclusive jurisdiction.

CONTRACT

QBD (Cresswell J) 2/2/96

References: TLR 22/3/96 : (1996) CLC 1062

Document No.: Case Law - AC0003953

ARAB BANK PLC v MERCANTILE HOLDINGS LTD & ANOR.(1993)

A foreign subsidiary of an English parent company is not prohibited by s.151 Companies Act 1985 from providing financial assistance to another company to buy shares in the foreign subsidiary's English parent company.

COMPANY - BANKING

Ch.D (Millett J) 29.9.93

References: ILR 11.10.93 : TLR 19.10.93 : (1994) 2 WLR 307 : (1994) 2 All ER 74 : (1993) BCC 816 : (1993) EGCS 164 : (1993) NPC 190

Document No.: Case Law - AC0000251

OCEANGAS (GIBRALTAR) LTD v PORT OF LONDON AUTHORITY (THE CAVENDISH) (1993)

The Authority is not liable in contract or tort for the acts of its pilots

SHIPPING - TORT - CONTRACT

QBD (Clarke J) 18.5.93

References: TLR 24.5.93

Document No.: Case Law - AC0160535

PARKSTONE LTD v GULF GUARANTEE BANK PLC (1990)

Service on members by ordinary post at addresses outside the UK

COMPANY

Ch.D (Warner J) 16.5.90

References: TLR 21.6.90

Document No.: Case Law - AC1073468

BELL v LOTHIANSURE LTD (IN LIQUIDATION & 57 OTHER CONJOINED CASE) (1990)

Proximate cause of loss-whether loss due to insolvency or negligence : Whether insolvency or negligence the proximate cause of loss

INSURANCE - INSOLVENCY - NEGLIGENCE

Court of Session, Outer House (Lord Ordinary) 19/01/90

References: TLR 02/02/90

Document No.: Case Law - AC1072938

DERIA & ORS v GENERAL COUNCIL OF BRITISH SHIPPING (1985)

The question whether a place of employment is "an establishment in Great Britain" is to be determined by reference to what was contemplated by the parties to be the intended place of work.

SHIPPING - EMPLOYMENT - INTERNATIONAL - CIVIL PROCEDURE

CA

References: TLR 16.12.85 : (1986) 1 WLR 1207

Document No.: Case Law - AC1745694

OCKENDEN (HMIT) v MACKLEY (1982)

Appeal by Crown against ruling that the interest on a bank loan in Gibraltar for the purchase of a flat there was deductible from unremitted income received there

TAX

Ch.D (Nourse J)

References: (1982) 1 WLR 787 : 1982 BTC 151

Document No.: Case Law - AC0122229