Summary It was appropriate to grant summary judgment against two former directors of a company in creditors' voluntary liquidation as they had no defence to a claim that they had misappropriated the company's monies for their own gain. Facts The claimant company (C), in creditors' voluntary liquidation, applied for summary...

Summary Whilst an alleged conscious and deliberate breach of fiduciary duty had occurred more than six years before proceedings were issued, the claim was not statute-barred as the Limitation Act 1980 s.32 applied to prevent time from running until the concealment could have been discovered by the claimants when acting with...

Summary In the circumstances, a joint venture agreement and a facility letter annexed to the agreement constituted one composite agreement. Therefore a guarantor was liable in respect of the obligations under both documents, even though the guarantee had only been contained in the joint venture agreement. Facts The appellant company ...

Summary The last will of the deceased was made under undue influence where the deceased's son and sole beneficiary of the will had poisoned the deceased's mind against the beneficiaries of the original will by making untruthful accusations against them, causing the deceased to change her will in his favour....

Summary The price payable on enfranchisement was the amount at the valuation date that the property might be expected to realise if sold on the open market by a willing vendor, so if there was a special purchaser but the vendor was unaware of his existence, no premium could be...

Summary A master had confused the situation of the claimant's assets under CPR r.25.13(2)(a) and its ability to pay under CPR r.25.13(2)(c) when making no order on an application by the defendant for security for costs. Facts The appellant company (C) appealed against a decision by the court...

Summary Whilst an individual had persuaded the claimant company to invest funds in a particular trading transaction, as no separate and personal duty of loyalty and fidelity by that individual had been established, the claimant company failed to make good its claim to a proprietary share of a property purchased...

Summary A prior agreement for a lease including the form and content of the draft lease attached to it was an important part of the background and was a permissible aid to construction of the lease in its final form. Where it was clear that words had been omitted and...

Relief is not precluded under Articles 141 and 143 of the Companies (Jersey) Law 1991 (or sections 459 and 461 of the Companies Act 1985) merely on the ground that the relief sought will not benefit the applicant in his capacity as member. Where an investor in a joint venture company has, in pursuance of the...