Summary It was not open to the court to go behind a statutory demand and review the correctness or otherwise of a judgment debt on which the demand was based. Facts The appellant (C) appealed against an order refusing his application to set aside a statutory demand. The commissioners served...

Summary The defendant landlord had not unreasonably withheld consent to the proposed alterations to be carried out by the claimant tenant since the landlord had had insufficient material to ascertain whether the proposed works would have affected the structure of the building as a whole. Facts The defendant landlords (L)...

Summary Given that a point at issue in arbitration was not of general public importance, it was not just and proper to grant permission to appeal against an arbitration award where the parties had chosen an arbitrator whose decision they should abide by. Facts The applicant (K) sought permission to...

Summary Chancery Division dispute over sum paid for highway improvements pursuant to Section 106 agreement.Whether repudiatory breach of agreement, whether works carried out were authorised by the agreement and whether reasonable endeavours used by the Council.

Summary The claimant tenant (J) sought a declaration that, further to a notice given under a tenant's break clause, J had validly terminated the lease made between itself and the defendant landlord (G) in respect of premises. G counterclaimed for declarations that J's break notice was ineffective and that the...

Summary On the true construction of a shareholders agreement, the claimant was entitled to exercise an option in respect of all, one third or two thirds of the original 12 shares owned by it. Facts The claimant (W) sought specific performance of a shareholders agreement and summary judgment. W and the...

Summary Partnership property could be held by partners as joint tenants where there was clear evidence of their intention to vary the normal rule that property bought with partnership money was deemed to have been bought for the partnership. Facts The defendant (S) appealed against a decision of a county...

Summary Law of Property Act 1925 s.193(4), which made it an offence to drive without lawful authority on a common to which the section applied, did not prevent a person who had contravened it from acquiring an easement by prescription or the doctrine of lost modern grant because there was no...

Summary The defendant (N) applied for an order that the claimant (H) should specifically perform his obligations contained in a schedule to a Tomlin order. Facts H was the holder of one share in Crampton Bros (Coopers) Ltd (the company). Four hundred shares in the company, which were registered in...