Summary The grant of an underlease of commercial premises by a tenant had constituted a breach of covenant. A judge's construction of the relevant covenant had involved an unwarranted re-writing of it. Facts A landlord appealed against a decision that the grant of an underlease of commercial premises by the...

Summary The Schools Sites Act 1841 s.2 allowed land to be granted as a site for a school and to revert to the grantor when that use ceased, unless s.14 applied and the land was sold or exchanged for a more eligible site. Section 14 did not mean that in order to...

Summary The Court of Appeal summarised the law applicable to equitable claims based on Pallant v Morgan [1953] Ch. 43. A property development company, which had been negotiating a joint venture with a supermarket for the purchase of land, did not have an interest in the land under Pallant v Morgan principles...

Summary A bankrupt's claim for breach of contract and negligence against his trustee in bankruptcy was struck out under CPR r.3.4(2), on the grounds that the claim form disclosed no reasonable grounds for bringing the claim and that it was an abuse of the court's process. Facts The defendant applied...

Summary In the face of evidence that a bank had made representations to the effect that it had not sought to manipulate LIBOR rates and would not seek to do so, a judge hearing a claim based on losses incurred by the bank's customer as a result of terminating interest...

Summary The test for whether an alternative means of service of proceedings should be permitted under CPR r.6.15 in a Hague Service Convention case was whether there was a "good reason"; that did not require exceptional, special circumstances. A UK company was permitted to serve proceedings on an organ of...

Summary Where a master heard an application in 2017 for permission to continue a claim as a derivative action, CPR PD 19C had not required him to refer the application to a judge. The application to continue the claim as a derivative action had originally been made in 2006, before the Practice...

Summary In relation to a shipbuilding contract entered into by a Mexican buyer and governed by English law, a decree made in Mexico that the tender process leading to the contract was a nullity did not deprive an arbitrator who had determined a dispute in the seller's favour of substantive...

Summary Various owners and occupiers of land forming part of a former military aerodrome had not established a right of way, either by express or implied easement, prescription or lost modern grant, over a service road through part of the former aerodrome that had become an industrial estate. Facts The...