Summary Although the late service of a defence was always a serious matter, a 15 day delay where the defendant was going through the turmoil of a creditor's voluntary liquidation did not require a sanction and an extension of time for service would be granted. Facts The claimant applied for judgment...

Summary The statutory interest to be paid under the Insolvency Rules 1986 r.2.88(7) out of a surplus in an administration was not "yearly interest" within the meaning of the Income Tax Act 2007 s.874. The administrators therefore had no obligation to account for income tax on the interest payments. Facts The applicant...

Summary A covenant contained in a conveyance which was registered at the Land Registry was enforceable against the vendor's successors in title where it touched and concerned the land, notwithstanding that, by a separate unregistered agreement, the vendor had entered into a personal obligation to release the covenant in certain...

Summary In relation to the summoning of members to a shareholders' meeting to consider a scheme of arrangement, the Companies Act 2006 s.895 and s.896 had to be interpreted flexibly and consistently with the legislative intention to promote compromise. There was no injustice to a member waiving the right to participate...

Summary A son was entitled to his father's interest in a farm and farming business by virtue of a proprietary estoppel, since he had been promised that the farm and business would pass to him and had relied on those promises to his detriment. Facts The first defendant and Part 20...

Summary The court had no jurisdiction to permit service out of the jurisdiction for an application for a Norwich Pharmacal order. The order was not "interim relief" under CPR PD 6B para.3.1(5) as the respondent held information but was not the alleged wrongdoer. The relief sought against the respondent was...

Summary The High Court set aside a default judgment awarded against a businessman where a company claimed that he had failed to pay money due under a share purchase agreement, notwithstanding the Supreme Court had dismissed his appeal. Fresh evidence had arisen during the counterclaim concerning the company director's failure...

Summary The court considered the proper interpretation of an exoneration clause contained in a will to relieve trustees under trusts set out in the will of personal liability in respect of certain breaches of duty by them. Facts The appellants (B and G) appealed against the dismissal of their claim...

Summary Two film partnerships were carrying on a "trade, profession or business with a view to profit" pursuant to the Income Tax (Trading and Other Income) Act 2005 s.863(1) and the Corporation Tax Act 2009 s.1273(1) and so were entitled to claim for trading losses. However, the trading losses asserted had not...