10 results for 'judge:"Males"'.
J. Males finds a lower court properly dismissed a married couple's contract claims against a cruise company. The married couple argued that they are entitled to a refund after the cruise operators switched routes from Northwest passage of Canada to the west coast of Greenland, claiming that the "experience was hell." However, the cruise company sufficiently showed in court that the couple did not cancel plans when the route was modified. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: April 26, 2024, Case #: CA-2023-623, Categories: Damages, Contract
J. Males finds a lower court properly dismissed a Japanese owned container ship company's contract claims against a maritime salvage service. The container ship company argued that the salvage service did not perform one time salvage services, but instead performed services via a pre- existent contract. However, the salvage service sufficiently showed in court that that the container ship company is entitled to pay remuneration for successfully refloating the vessel. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: March 15, 2024, Case #: CA-2023-798, Categories: Maritime, Damages, Contract
J. Males finds a lower court improperly dismissed a derma med practice's motion for a restraining order against a aesthetics physician. The aesthetics physician argued that the derma med practice wrongfully obtained an injunction against it. However, the practice sufficiently showed in court that the owner was diverting customers to his business, in violation of the parties' agreement, and used its confidential information to do so. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: February 23, 2024, Case #: CA-2023-2335, Categories: Restraining Order, Contract, Injunction
J. Males finds a lower court improperly dismissed a German bank's motion for injunction against a Russian natural gas company. The Russian natural gas company argued that it is entitled for payment on demand bonds issued by the bank. However, the German bank sufficiently showed that the English court has jurisdiction over the dispute, and is entitled to terminate the Russian proceedings.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: February 2, 2024, Case #: CA-2023-1933, Categories: Contract, Injunction
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J. Males finds a lower court properly dismissed a maritime shipping company's motion to limit its liabilities concerning a crash that damaged a series of tank containers. The maritime shipping company argued that it is entitled to limit its liability for damages that occurred to the cargo ship's vessel following an explosion. However, the cargo ship operator presented sufficient evidence in court that the maritime shipping company is on the hook for damages to the vessel as well as the cargo, which was contaminated and destroyed during the incident. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: September 1, 2023, Case #: CA-2022-2293, Categories: Maritime, Damages, Negligence
J. Males finds that a lower court properly dismissed a technology company's motion for compound interest on damages. The technology company argued that it is entitled to relief after prevailing on competition law infringement claims against a computer monitors manufacturer. However, the computer monitors manufacturer, which collaborated with a price-fixing cartel, sufficiently showed that the technology company is not entitled to damages during a "post-insolvency period." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: August 16, 2023, Case #: CA-2023-296, Categories: Unfair Competition, Damages
J. Males finds a lower court properly dismissed an oil company's motion for summary judgment concerning contract claims against a gas company. The oil company argued that it was entitled to set aside an arbitration award. However, the court lacks jurisdiction over the company's claims. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: July 13, 2023, Case #: CA-2022-2432, Categories: Arbitration, Contract
J. Males finds a lower court properly dismissed a group of trademark attorneys' motion for summary judgment on claims of breaches of duty brought by a geo minerals company. The trademark attorneys argued that they were entitled to transfer the geo minerals company and its trademarks to themselves. However, the geo minerals company presented sufficient evidence in court that the attorneys forged documents in order to obtain the business. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: June 12, 2023, Case #: CA-2022-1719, Categories: Trademark, Contract
J. Males finds a lower court properly dismissed contract claims brought by a bank against a water transportation service. The bank argued that the water transportation service failed to deliver cargo after discharging a vessel. However, the bank failed to present its claims within a one year time limit. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: May 25, 2023, Case #: CA-2022-2168, Categories: Banking / Lending, Contract