Summary Fraudsters had incorporated a new company with the same name as the registered owner and then “sold” the land to a registered purchaser. It was held that the registered purchaser took subject to the “true owner’s” rights both generally and as such were, on the facts, overriding interests. ...

Summary Although the subject company had altered the form of its website so as to make clear the very limited value of the motor warranty it offered, its past conduct was such that it remained appropriate to wind it up on the grounds of public interest. Facts Petition by the...

Summary The fact that the requirements of the Lloyd's Bye-law (No.8 of 1988), the Agency Agreements Bye-law, had not been complied with did not have the result that the agreement between a managing agent and a Lloyd's Name to join a syndicate was void. Facts Appeal by the defendant Lloyd's Name ...

Summary Where an innocent defendant had been joined in an action solely for the purpose of providing information concerning the wrongdoing of other defendants, that defendant should be released when the relief sought had been achieved. In principle, it was wrong to keep a party joined in an action in...

Summary A shareholder could not sue where his pleaded losses were merely a reflection of the losses suffered by the company in which he had an interest. Facts Appeal in respect of two consolidated claims by the claimants ('E') for damages for alleged fraudulent and/or negligent misrepresentation by a...

Summary Evidence of negotiations and subjective intention were not admissible when construing the meaning of an amendment to the articles of association of a company in line with the principles in Investors Compensation Scheme Ltd v West Bromwich Building Society (1998)] 1 WLR 896. Facts Application by the claimant, a quoted company listed...

Summary There was no clear evidence that the defendants had ever had in their possession any documents that were confidential to the claimants, nor was there any evidence that they or any of their witnesses knew of, or had participated in, any wrongdoing in relation to the circumstances in which...

Summary The appeal regime in s.13 Administration of Justice Act 1960 had been superceded by CPR 52.3. The natural meaning of the expression "committal order" in CPR 52.3(1)(a)(i) was an order which committed a party to prison and therefore permission to appeal was required in this case. Facts Claimant's ('GSL') appeal...

Summary Expert opinion from a lawyer specialising in art law was not likely to provide the court with material assistance in determining the issues of liability in an action concerning alleged breach of fiduciary duty owed by a gallery to an artist. Facts Claimant's application to adduce additional expert evidence...