Smith v Jafton (2013)
Judgment Date: 05 May 13
Summary Where an investor in a shopping centre had pre-emption rights under a lease to increase its share of the shopping centre's net rents if another investor exercised an option, but the other investor decided to cancel its option before the lease was executed, the lease was not to be...
Summary The court awarded costs on an indemnity basis following its decision to set aside a liability order in favour of a bank on the basis that the bank had obtained it by fraud, and following its decision to uphold a refusal to grant an anti-suit injunction to the bank....
Summary Where a bank sought its costs incurred in debt and possession proceedings against individual and corporate defendants, costs were awarded on a joint and several basis and an indemnity basis. The case was run was on the basis that effectively all the defendants were in it together and were...
Summary A judge had been entitled to find that those who had been involved in a scheme to purchase a plot of land were liable in deceit to a company which they had induced to invest in the scheme by concealing its true structure and the price being paid for...
Summary In a dilapidations claim, the court determined that rooflights which had become so degraded as to lose some of their translucence were no longer in good and substantial repair and condition as required by the lease. It also discussed, in obiter comments, the essential characteristics of a window for...
Summary The Supreme Court proposed to refer to the European Court of Justice the issue of whether copies of protected material temporarily retained in the internet cache or on the end-user's screen fell within the exception provided for by Directive 2001/29 art.5(1). Facts The appellant (P) appealed against a decision ([2011] EWCA...
Summary A claimant was entitled to rescission of an agreement to invest in a project to buy land in Cambodia because he had been induced to enter into the agreement by fraudulent misrepresentations including representations that other investors had contributed funds and that there was a binding agreement to sell...
Summary In a claim for the recovery of advances made in connection with a collateralised debt obligation transaction the claimant bank had obtained judgment on liability by fraud through the misstatement and concealment of facts by its key witness. Therefore the liability judgment, the Court of Appeal's judgment on liability...