Company
O’Brien and another v TTT Moneycorp Ltd [2019] EWHC 1491 (Comm), [2019] All ER (D) 19 (Jul)
The parties’ applications for summary judgment in a dispute concerning the sale of a company were largely unsuccessful. The Commercial Court held that, among other things, while the paragraph in issue of the share purchase agreement between the parties was a condition precedent, there were disputes of a factual nature as to whether or not the condition precedent to an expert determination has been satisfied, which were of a type which made the case unsuitable for summary judgment.
Immigration
BF (Eritrea) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening) [2019] EWCA Civ 872, [2019] All ER (D) 152 (May)
The guidance in criterion C of para 55.9.3.1[1] of the Enforcement Instructions and Guidance (EIG) permitting the Secretary of State to refuse to accept an individual’s assertion that he was 18 if ‘their physical appearance/demeanour very strongly suggests that they are significantly over 18 years of age’ was unlawful. The Court of Appeal, Civil Division, further held that the changes introduced