Mike Wilkinson

Court of Appeal

Ehrentreu v IG Index Ltd [2018] EWCA (Civ) 79

IG Index Limited v Ehrentreu [2017] EWCA Civ 326;

Weymont v Place [2015] EWCA Civ 289;

High Court

Cantt Pak Ltd v Pak Southern China Properties Investment Ltd – The Vice-Chancellor, Mister Justice Barling – 7 day trial dealing with legal and factual arguments around whether a seller who refused to give vacant possession because they believed the buyer was unable to raise finance was ready able and willing to complete and thus entitled to rescind their sale agreement

Khan v Anwar and anr (2017) Mister Justice King – resisted C’s appeal of a decision of the County Court in which HHJ Platts granted permission to re-litigate issues which had been raised and determined in previous proceedings on the basis that the earlier judgment might have been obtained by collusion;

Davies v GE Money (2017) High Court –resisted an abuse of process strike out application in which C alleged D was wasting disproportionate resources by re-litigating issues raised previously in other proceedings struck out;

County Court

Malik v Anwar (2016) – 5 day multi track trial – established that C had sold D’s UK property notwithstanding that the debt secured by C’s charge had already been repaid albeit via a payment made in Pakistan by a third party to a fourth party pursuant to C’s oral agreement to accept payment in such manner.

Atkinson v Boyle (2016) – 3 day multi-track trial – established that various written agreements were shams and that the true orally agreed arrangement was that C notionally bought D’s property but held it on trust for her to enable him to borrow money which he agreed C could use to repay her debts.