Summary An accountant executor who had taken a neutral position in relation to whether a client had testamentary capacity when executing a will in his presence was entitled to his costs out of the estate under CPR r.48.4(1), despite having addressed personal allegations during the hearing that he had known...

Summary A secured debenture holder's claim against an administrative receiver it had appointed over a company ought not to have been struck out as its claim did not offend the rule against reflective loss. To strike out such a claim arbitrarily denied a secured creditor fair compensation for any primary...

Summary An ex-employee had acted in breach of the terms of a confidentiality clause in his service contract when he disclosed sensitive commercial information to a third party. Facts The first claimant company (R1) and second claimant company (R2) claimed damages for breach of confidence and breach of contract against...

Summary It was not appropriate to rectify a Tomlin order to create a legal charge to secure a company's debts as there had not been a continuing common intention that the claimant bank was to have a separate charge in order to secure those debts. Facts The applicant bank (L)...

Summary Both Andrew Walker QC and his instructing solicitors, Shelter Cymru, (neither of whom had been involved at any stage at first instance) agreed to act pro bono at the appeal hearing, following the withdrawal of legal aid. Davis LJ paid “tribute to the careful and attractive way in which...

Summary An application to vary a court order to allow the owner of a block of flats to retain possession of one flat when receivers took possession of the block amounted to an application for a mandatory injunction requiring the receivers to allow him to remain in the property. Facts...

Summary Where a claimant had altered its case on the trial of a preliminary issue as to the nature of a £1 million payment, and that case was an arguable one, it was not appropriate to strike it out, but the trial would have to be adjourned to allow that case...

Summary An order allowing service of proceedings out of jurisdiction did not extend to a quantum meruit claim of the restitutionary kind, as, although it had been pleaded in the alternative to a contractual claim, it did not "arise in respect of a contract". Facts The court was required to...

Summary The act of state doctrine did not apply to allegations of impropriety against foreign court decisions, whether in the case of particular decisions or in the case of a systemic dependency on the dictates or interference of the domestic government. A decision of the Amsterdam court of appeal refusing...