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Mitchell & Anor v Sheikh Mohamed Bin Issa Al Jaber No 2

Mitchell & Anor v Sheikh Mohamed Bin Issa Al Jaber No 2

Case [2025] UKSC 43

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Case: [2025] UKSC 43
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Statutory Material Cited

Denis Cassegrain v Gerard Cassegrain & Co Pty Ltd (in liquidation) [2015] NSWSC 851
Citation 1

…nflexible trial date rule include Satyam Enterprises Ltd v Burton [2021] EWCA Civ 287; [2021] BCC 640 and Cassegrain v Gerard Cassegrain & Co Pty Ltd [2015] NSWSC 851. Counsel on both sides of this appeal were agreed that there is no inflexible rule as to the date for assessment of value lost, either at common law…
Nolan v Nolan [2004] VSCA 109
Citation 2

…52. The Sheikh also prays in aid a judgment of the Supreme Court of Victoria, Nolan v Nolan [2004] VSCA 109. But that does not assist him. The case concerned a family dispute over three paintings by Sir Sidney Nolan. The claimant asserted that they formed part of the estate of Lady Nolan, Sir Sidney's first wife a…
Hospital Products Ltd v United States Surgical Corporation [1984] HCA 64
Citation 3

…pport for this view of the law in other common law jurisdictions. The High Court of Australia in Hospital Products Ltd v United States Surgical Corpn (1984) 156 CLR 41 recognised that a fiduciary duty can arise where a person agrees to act on behalf of another person and exercises a discretion which can affect the i…
Hospital Products v United States Surgical Corporation [1995] HCATrans 130
Citation 4

…40. There is support for this view of the law in other common law jurisdictions. The High Court of Australia in Hospital Products Ltd v United States Surgical Corpn (1984) 156 CLR 41 recognised that a fiduciary duty can arise where a person agrees to act on behalf of another person and exercises a discretion which can affect the interests of that other pers…
Byers and others (Appellants) v Saudi National Bank (Respondent) [2023] UKSC 51
Citation 5

…ve, p 631 per Lindley LJ; Belmont Finance Corpn v Williams Furniture Ltd (No 2 ) [1980] 1 All ER 393, 405 per Buckley LJ; Byers v Saudi National Bank [2023] UKSC 51; [2024] AC 1191, para 56 per Lord Briggs. They are subject to fiduciary duties and, as discussed in Byers (Lord Briggs, paras 56-61, and Lord Burrows…
BTI 2014 LLC v Sequana SA [2022] UKSC 25
Citation 6

…fiduciary duty to the Company extended to having regard to the interests of its creditors in the context of its insolvency: BTI 2014 LLC v Sequana SA [2022] UKSC 25; [2024] AC 211 (sub nom BAT Industries plc v Sequana SA ).…
Golden Strait Corporation v. Nippon Yusen Kubishka Kaisha [2007] UKHL 12
Citation 7

…raditionally quantified loss as at the date of breach. But neither is a fixed or invariable rule. Golden Strait Corpn v Nippon Yusen Kubishika Kaisha [2007] UKHL 12; [2007] 2 AC 353 and County Personnel (Employment Agency) Ltd v Alan R Pulver & Co [1987] 1 WLR 916, CA show how the supposed breach date rule at com…
AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58
Citation 8

…which were about misappropriation, and Target Holdings Ltd v Redferns [1996] AC 421 (" Target ") and AIB Group (UK) plc v Mark Redler & Co Solicitors [2014] UKSC 58; [2015] AC 1503 (" AIB "), which were not, although they did involve the unauthorised payment of trust money.…
Hopcraft and another v Close Brothers Ltd; Johnson v FirstRand Bank Ltd (London Branch) (t/a MotoNovo Finance); Wrench v FirstRand Bank Ltd; (London Branch) (t/a MotoNovo Finance) (Rev1) [2025] UKSC 33
Citation 9

…with approval in both Recovery Partners GP Ltd v Rukhadze [2025] UKSC 10; [2025] 2 WLR 529 (" Rukhadze "), para 17 and Hopcraft v Close Brothers Ltd [2025] UKSC 33; [2025] 3 WLR 423 (" Hopcraft "), para 89:…
Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anor (Rev 1) [2015] UKSC 72
Citation 10

…est governing the implication of terms in an agreement (as explained in Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd [2015] UKSC 72; [2016] AC 742); hence Millett LJ's comment that the lien arises independently of the agreement between the parties. Just as the test for implication…
National Union of Rail, Maritime and Transport Workers & Anor v Tyne and Wear Passenger Transport Executive (t/a Nexus) [2024] UKSC 37
Citation 11

…but one example of this: see Tyne and Wear Passenger Transport Executive (trading as Nexus) v National Union of Rail, Maritime and Transport Workers [2024] UKSC 37; [2025] AC 1222.…
Rukhadze & Ors v Recovery Partners GP Ltd & Anor [2025] UKSC 10
Citation 12

…nd West Building Society v Mothew [1998] Ch 1, 18, in a passage which this court has quoted with approval in both Recovery Partners GP Ltd v Rukhadze [2025] UKSC 10; [2025] 2 WLR 529 (" Rukhadze "), para 17 and Hopcraft v Close Brothers Ltd [2025] UKSC 33; [2025] 3 WLR 423 (" Hopcraft "), para 89:…
Williams v Central Bank of Nigeria [2014] UKSC 10
Citation 13

…am [2002] UKHL 48; [2003] 2 AC 366, para 138 per Lord Millett, who described such persons as de facto trustees. In Williams v Central Bank of Nigeria [2014] UKSC 10; [2014] AC 1189, para 54 Lord Neuberger of Abbotsbury cited with approval a passage from the 18 th edition of Lewin on Trusts (now para 42-101 of the…

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