Summary Bank not under a duty to ensure guarantors have independent advice. Facts Bank's appeal against dismissal of possession proceedings where judge had held that respondents' guarantee of a relative's company and mortgage of respondents' house had been induced by undue influence, as the respondents had no independent legal advice...

Summary Husband's disposition to defeat wife-bank not put on notice : Husband's disposition to bank to defeat wife not avoided as bank was not put on constructive notice Facts Although the doctrine of constructive notice might be applied to s.37(4) Matrimonial Causes Act 1973, where a husband had made a reviewable disposition...

Summary Manner of voting not confidential : No duty of confidentiality. Facts The manner in which votes were cast for or against an extraordinary resolution at a meeting of creditors was not confidential vis-a-vis the principal debtors who were convenors of the meeting. Plaintiffs' application for injunctions against the defendants in...

Summary Signatory to power of attorney estopped from denying due sealing : Overridden by person dealing bona fide without notice : Estoppel as to denying deed sealed Facts Defendant's appeal dismissed where he had executed a limited form of guarantee of his company's debenture secured debt. His solicitor with his approval,amended...

Summary Indemnity basis costs taxation Facts As to principles on which costs should be awarded to successful party on an administration summons. Held Under RSC O.62 there were now a costs on the standard basis allowing a reasonable amount on all costs reasonably incurred b costs on the indemnity basis...

Summary Process filed in court in the wrong district still valid Facts Appeal against refusal to adjudicate on application for a new tenancy under s.29(3) because application came before the court more than four months after the giving of the landlord's notice under s.25 LTA 1954. In fact tenant's notice had...

Summary Effect of notice to forfeit. Where landlord gives statutory notice on one ground but claims possession and succeeds on another ground Facts Landlords issued notice to forfeit a lease under s.146 LPA 1925 and then by writ claimed forfeiture of the lease for breach of covenant, inter alia in respect...

Summary Effect of enlargement of dominant tenement on existing easements. Facts Appeal against dismissal of claim to right of way from a house where right had been granted to a top-floor tenant by predecessor who owned both the house and the servient tenement. The appellant claimed that by virtue of...

Summary Committal proceedings-renewal of Facts Preliminary objection that application for committal was incompetent because earlier application on same grounds had been heard without any order being made on it. Held No order had been made on the earlier application because it did not comply with RSC.O.52 r.4 as it...