Summary Where a rent review clause provided that a landlord should apply within a reasonable time to the RICS for the nomination of an independent surveyor following failure to agree a rent and a suitable surveyor, time could only be made of the essence for such application once there had...

Summary The defendant Lloyd's name was validly served by service on the underwriting agency appointed by contract to accept service of English proceedings in respect of names domiciled abroad. Facts The defendant (T) applied to set aside service of a claim form on his appointed underwriting agent (U). The claimant ...

Summary Where a petition debt was bona fide disputed upon substantial grounds applications to make bankruptcy and winding up orders should be adjourned for a hearing before a tribunal. Facts Customs presented three bankruptcy petitions to wind up a company (JBW) under the Insolvent Partnerships Order 1994 and the respondent partners...

Summary Where a defendant had mounted a defence to trade mark infringement under Trade Marks Act 1994 s.12, it was inappropriate on a summary judgment application to conduct a mini-trial and reach a conclusion of fact that documents relied upon by the defendant were forged. Facts Claimants' (C) application under CPR...

Summary Application for relief pursuant to Insolvency Act 1986 s.112 for a declaration that a debenture created a fixed charge over a company's book debts and the proceeds thereof, and an order on the liquidators to account to the Bank in respect of them. Facts The respondent company (S) opened an...

Summary Unless a notice of claim for leasehold enfranchisement, which claimed too much or not enough, was amended appropriately, it would be invalid. The Leasehold Reform Act 1967 Sch. 3 para.6(3) made it clear that a necessary amendment to a notice could be refused and whether an amendment was allowed was a...

Summary Lloyd's names were refused permission to amend their pleadings to allege negligent misrepresentation or misrepresentation contrary to s.2 Misrepresentation Act 1967 because the claims of any name commencing underwriting after July 1982 when the Lloyd's Act 1982 came into force would be defeated by s.14(3) of the 1982 Act and were thus doomed...

Summary In determining whether the settlor had an interest under the chargeable settlement, for the purposes of s.77(2) Taxation of Chargeable Gains Act 1992, it was not necessary or appropriate to look beyond the confines of that settlement. Facts Appeal by taxpayers from a decision of Peter Smith J finding that...

Summary A proviso to the rent review provisions in a lease did not create an independent obligation rendering the tenant liable for damages in case of breach. Facts The claimant landlord ('B') appealed against the decision of Simon Berry QC sitting as a deputy judge trying a preliminary issue on...