11 results for 'judge:"Lewison"'.
J. Lewison finds a lower court improperly dismissed a minority shareholder's unfair prejudice claims against an e- commerce technology group. The e-Commerce retail company and nine of its members argued that the minority shareholder was not entitled to bonus shares for failing to bring his claims within 6 years. However, the minority shareholder presented sufficient evidence in court that he filed his claims within the amended 12 year limitation period under section 994 of the 1980 Limitation Act. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: February 23, 2024, Case #: CA-2023-326, Categories: Corporations, Employment, Business Practices
J. Lewison finds a lower court properly dismissed a civilian's claims that he is entitled to secure his now-deceased grandmother's flat. The civilian argued that a city council is obligated to grant him tenancy. However the city council presented sufficient evidence in court that her tenancy was granted to her alone and is not transferrable. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: February 5, 2024, Case #: CA-2023-782, Categories: Housing
J. Lewison finds a lower court properly dismissed patent infringement claims brought by a consumer electronics company against a car jump starter manufacturer. The consumer electronics company argued that the car jump starter maker infringed on its lithium battery technology. However, the car jump starter manufacturer sufficiently showed that the patent is invalid for obviousness. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: December 19, 2023, Case #: CA-2022-1980, Categories: Patent, Technology
J. Lewison finds a lower court properly dismissed a borrower's contract claims against a lender. The borrower argued that she is not entitled to pay a percentage fee to the lender after it obtained funding on her behalf. However, the lender sufficiently showed in court that she signed an agreement, accepted its terms, and the gave the green light lender to the to procure a mortgage on her behalf. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: November 16, 2023, Case #: CA-2021-1880, Categories: Property, Banking / Lending, Contract
J. Lewison finds a lower court properly ruled in favor of the attorney general on a fiduciary trustee's challenge of its application of charitable funds. The fiduciary trustee argued that the funds should be held in charitable trusts. However, the attorney general provided sufficient evidence in court that the funds should be applied to decrease the national debt. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: November 15, 2023, Case #: CA-2023-851, Categories: Government, Trusts, Fiduciary Duty
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J. Lewison finds a lower court properly dismissed a tenant's contract claims against a property owner. The tenant argued that the property owner wrongfully denied it a new lease, in violation of the Landlord and Tenant Act. However, the property owner sufficiently showed in court that the tenant failed to timely pay rent and refused to maintain the premises. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: October 12, 2023, Case #: CA-2023-285, Categories: Landlord Tenant, Negligence, Contract
J. Lewison finds a lower court improperly ruled in favor of a liquidator on the imposition of a repayment plan against a retail company. The liquidator argued that the retail giant is obligated to participate in a debt repayment plan. However, although creditors pressured the company to engage in a payback plan, it does not mean that the defunct retail giant has agreed to its terms. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: October 9, 2023, Case #: CA-2023-62, Categories: Debt Collection, Damages, Banking / Lending
J. Lewison finds a lower court properly dismissed a historic building advocate's challenge to a local borough council's plans to demolish an old school. The advocate argued that the building was deemed safe and habitable. However, the local borough presented sufficient evidence in court that, even though the structure is safe, the school would benefit from demolition and development rights. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: June 23, 2023, Case #: CA-2022-2401, Categories: Construction, Contract
J. Lewison finds a lower court improperly dismissed a husband and wife's contract claims against an estate administrator concerning the family's farming partnership . The estate administrator argued that she was entitled to dissolve the partnership after the death of a relative, who owned the majority stake, and set out to sell its assets at auction, based on her insistence that the husband and wife could not raise funds for a buy out. However, the husband and wife sufficiently showed in court that they could make installment payments on the buyout option, and that the estate administrator is not entitled to interest, as long as they comply with the terms of the agreement. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: June 20, 2023, Case #: CA-2022-2010, Categories: Real Estate, Contract
J. Lewison finds a lower court properly dismissed a property owner's contract claims against a nursery school. The property owner argued that it was entitled to forfeit a sublease based on non- payment of rent. However, the nursery school presented sufficient evidence in court that the property owner may have intended to keep its security deposit.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: June 8, 2023, Case #: CA-22-1894, Categories: Property, Contract
J. Lewison finds a lower court properly awarded damages to a business associate over contract claims against the seller of a villa. The seller of the villa argued that he was entitled to sell the property to a third party. However, the business associate presented sufficient evidence in court that the seller of the villa agreed to swap the property for a yacht. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: May 25, 2023, Case #: CA-2022-1763, Categories: Property, Contract