Summary Although a shadow director might be liable for breach of fiduciary duty to the company, he would not be liable for any loss arising from breach of that duty where a de jure director, on the same facts, would have been relieved of duty under the Companies Act 1985 s.727...

Summary On its proper interpretation, a standard form clause in a contract which conferred exclusive jurisdiction on the English courts obliged the parties not to begin, or continue, any relevant proceedings in any forum other than the English court. The continuation of proceedings begun elsewhere would, on the face of...

Summary In determining the scope of a pre-action settlement agreement that purported to settle "the whole of the claim" where a liquidator had raised a number of disputes against the owners of the company in liquidation, it was appropriate to consider the correspondence leading up to the pre-action offer to...

Summary The court did not grant summary judgment in a dispute over the terms of a settlement agreement where it was at least arguable that a deal carried out by the defendant did not qualify as such under the agreement and where the objective meaning of the words in the...

Summary Two company directors were required to repay to joint liquidators payments which they had received from the company which they had failed to demonstrate had been lawfully paid by way of remuneration. Facts Two joint liquidators appealed against a decision that the payment of £10,098 to the defendant company directors...

Summary Where a claimant had served a notice to prove after the original deadline for service of witness statements, the notice was out of time, pursuant to CPR r.32.19(2)(a). The fact that a judge struck out the bulk of the witness statements which had been served and set a...

Summary A party's entitlement to take advantage of its opponent's mistakes was qualified by its duty under CPR r.1.3 to help the court further the overriding objective. Where a party threatened with litigation failed to draw the proposed claimant's attention to a mistake which resulted in service being defective, that...

Summary A company providing financial advice was not vicariously liable for a fraud perpetrated by one of its agents. Although the fraud had involved an online portal the agent had had access to in his role as the company's agent, his wrongdoing had been part of a recognisably independent business...

Summary An interim injunction preventing a High Court enforcement officer from entering two residential premises to take goods to satisfy a large judgment debt was continued where there was a serious issue to be tried as to the proper construction of the Tribunals, Courts and Enforcement Act 2007 Sch.12 and whether...