Summary An order of a German court appointing a preliminary liquidator was a judgment opening insolvency proceedings for the purposes of recognition by the English courts under Regulation 1346/2000. Facts The court was required to determine issues in proceedings to enforce an arbitration award.The defendant (G) was the time charterer...

Summary Where there had been improper conduct by the claimant in the proceedings that was a sufficiently strong reason to refuse to grant an anti-suit injunction to restrain Texan proceedings brought in breach of an exclusive English jurisdiction clause. Facts The claimant bank (R) sought an anti-suit injunction to restrain...

Summary A clause under a licence to assign an underlease requiring the tenant to use all reasonable endeavours to give notice to the guarantor of the undertenant each time the rents were more than two months in arrears was not a condition precedent of the liability under the guarantee and...

Summary The defendant property management companies did not have the benefit of a lease over a property but were managing agents of the property, which meant that they were entitled to grant sub-leases and to obtain deposits, but were then required to account to the registered proprietors of the property...

Summary It was not in the interests of justice to prevent a contemnor from pursuing his appeal against an order for his committal unless he complied with conditions, including surrendering to custody, as that was a disproportionate response to his contempt. Facts The applicant bank (B) applied for the dismissal...

Summary Early retirement benefits did not fall to be treated as such after normal retirement age. Pension instalments paid after normal retirement age fell to be characterised as old age benefits within the Transfer of Undertakings (Protection of Employment) Regulations 2006 reg.10, notwithstanding that the pension had first come into payment...

Summary The Privy Council summarised the principles of election and merger of causes of action. The Court of Appeal (Trinidad and Tobago) had been wrong to conclude that by obtaining default judgment against a second defendant, a claimant in a personal injury action had made an unequivocal election which precluded...

Summary A judge had erred in his construction of a clause in a sub-sub-underlease, which was inconsistent with the relevant lease when read with the supplemental agreement. Statements made in the course of the pre-contractual negotiations were no more than statements of the negotiating stance at that point in time,...

Summary The provision of housing accommodation, otherwise than for those in some relevant charitable need, was not a charitable purpose within the spirit and intendment of the preamble to the Charitable Uses Act 1601, either directly or by analogy with any other recognised purpose. It followed that the objects of a...