Summary Where a commercial bargain had been made, equity would not intervene to relieve against forfeiture where a court had decreed specific performance. Facts The applicant (H) sought permission to appeal against a decision that H had been in breach of a Tomlin Order relating to a proposed settlement of...

Summary A proposal for a company voluntary arrangement in respect of an insolvent football club did not infringe the Insolvency Act 1986 s.4(4)(a) by virtue of the fact that the club's "football creditors" were to be paid in full under an agreement for the sale of the club whereas the...

Summary Property, and not on the basis of a vacant possession valuation (which would have produced a higher figure, and so a lower damages award). The Court of Appeal dismissed appeals by both parties. Facts This was the trial of the assessment of damages in a professional negligence claim against...

Summary A debenture which provided that a charge over book debts was a specific (i.e. fixed) charge and required the company to pay the proceeds of the debts when received into the company's account with the bank and not otherwise to deal with the debts created a fixed charge...

Summary A petition for the grant of a new supplemental charter had been validly submitted to the Privy Council by the Royal Pharmaceutical Society of Great Britain. Facts The defendants (D) applied for summary judgment. The parties were members of the Royal Pharmaceutical Society of Great Britain (the society), which...

SANGEETA MEHRA V RADIATBEN RAJNIKANT SHAH & ORS (2004) Summary The trial judge had been entitled to infer from the evidence before her that the claimant was entitled to beneficial ownership of family property. Facts The defendants (R) appealed against a decision that the claimant (S) was entitled to a share in...

Summary Viewed objectively, a letter, as counter-signed and marked, sent in the course of negotiations had not been intended to introduce a non-competition clause into the formal licence agreement by which the claimant joined a chain of hotels and became entitled, in return for fees, to the benefit of sales,...

Summary The defendant surveyors gave a negligent valuation of the claimants' rugby ground and were liable in damages for the difference between the negligent valuation and a non-negligent valuation. Facts The claimant trustees of a rugby club (W) claimed damages for breach of contract and negligence arising out of a 1996...