Dear Colleagues,

Yesterday, Newey J decided two cases, both of which may be of some interest, as they relate to ongoing uncertainty relating to proprietary claims in English law. One is Cadogan Petroleum Plc & Ors v Tolley & Ors [2011] EWHC 2286 (Ch) (07 September 2011) http://www.bailii.org/ew/cases/EWHC/Ch/2011/2286.html which involves lots of claimants and lots of defendants, and concerns alleged secret commissions amongst companies involved in the exploitation of natural resources in the Ukraine. The case explores the state of the law relating to possible proprietary claims in this context in the wake of Sinclair Investments earlier this year (which prompted discussion on this list).

The second decision contains some observations on fraud claims in the context of the Limitation Act and Millett LJ's classes of constructive trusts: Kleanthous v Paphitis & Ors [2011] EWHC 2287 (Ch) (07 September 2011) http://www.bailii.org/ew/cases/EWHC/Ch/2011/2287.html (the first defendant in this case is one of the "Dragons" on the UK version of Dragons' Den).
Best wishes,



James

--
James Lee
Lecturer and Director of Careers
Academic Fellow of the Inner Temple
Birmingham Law School
University of Birmingham
Edgbaston
Birmingham
B15 2TT, United Kingdom

Tel: +44 (0)121 414 3629
E-mail: j.s.f.lee@bham.ac.uk<mailto:j.s.f.lee@bham.ac.uk>



Web: http://www.birmingham.ac.uk/staff/profiles/law/lee-james.aspx

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