Summary A master had been wrong on the evidence to make non-party costs orders against the family of a litigant whom they had assisted by loans to pay his legal costs. The adverse findings and inferences he made were not open to him on the evidence, and he should have...
Summary The court remitted for reconsideration the question of whether it was proportionate to grant applications for an order for possession and an injunction against a protestor in respect of his protest and camping on an area of Parliament Square Gardens, where his human rights had not been considered separately...
Summary When deciding whether there was a "new claim" for the purposes of the Limitation Act 1980 s.35(2) and the associated rules under the CPR r.17.4, the court was obliged to compare the essential factual elements in the existing cause of action with the essential factual elements in the proposed cause...
Summary Where a tenancy agreement was void for uncertainty of term due to a clause which stated that the tenancy could only be determined if the tenant was in arrears or otherwise in breach of the agreement, it could not be enforced as a contract by the equitable remedy of...
Summary Where the adjudicator's cancellation of an application to the Land Registry for registration of title to certain land claimed by adverse possession had been set aside by a judge on appeal, it was not appropriate to require the applicants to make a fresh registration application as that would deprive...
Summary The Individual Voluntary Arrangement Protocol was not intended to create mutual legal obligations, but that did not mean that the court could not exercise its discretion to grant relief in a dispute involving its interpretation. However, it would not be right for the court to pronounce formally on what...
Summary In interpleader proceedings it was determined that the obvious intention of the parties was that monies held pursuant to an undertaking in the client account of a firm of solicitors were held by the solicitors as trustee, to pay the monies out in accordance with the terms of the...
Summary A judge had been wrong to grant summary judgment on the basis a company had no prospect of successfully defending a claim that it had not used its best endeavours to release the claimants from personal guarantees in relation to a share purchase agreement. He was also wrong to...
Summary In interpleader proceedings it was determined that the obvious intention of the parties was that monies held pursuant to an undertaking in the client account of a firm of solicitors were held by the solicitors as trustee, to pay the monies out in accordance with the terms of the...