Summary Where a Companies Act 2006 s.994 petition did not contain any allegations of unfairly prejudicial misconduct on the part of a deceased shareholder, who was a respondent to the petition, references to the deceased's estate in the prayer for relief were struck out. In addition, the relief sought against the...

Summary A judge had been correct to find that a house and the proceeds of its sale were held on a discretionary trust. Although the trust deed did not refer to the house, there was sufficient in the background circumstances to lead a reasonable person to believe that the settlor...

Summary Facts Held Application granted

Summary The court rejected a claim that a Rabbi living in Jerusalem had entered into a partnership with a property developer in relation to a London development. Facts The court was required to determine whether the claimant and first defendant had entered into a partnership in relation to a property...

Summary It was for the legislature, not the courts, to decide whether insurers who had funded an insolvent company's successful claim for damages should be entitled to priority payment of their premiums ahead of unsecured and preferential creditors, by analogy with solicitors' liens. It would be inappropriate for the courts...

Summary Where a party to a swap agreement had gone bankrupt and the bankruptcy was a default event but the other party had chosen not to serve an early termination notice, the agreement had continued in full force and effect. Consequently, when the other party later committed a default event,...

Summary A bank was granted summary judgment on its claim against a group of companies involved in the tobacco trade and their majority shareholder for the full unpaid principal amount of an outstanding loan plus interest. Facts The claimant bank applied for summary judgment against the defendants (D1-D4).D1...

Summary Where a company whose control was disputed had undertaken not to dispose of funds "other than in the ordinary and proper course of business", expenditure for an arbitration by the company's alleged owner before the International Centre for Settlement of Investment Disputes was not within the undertaking. The expenditure...

Summary The court refused to vary an order requiring an airline to make a £3.64 million payment into court as a condition of its appeal against the payment of the same to settle a judgment debt. The airline's chairman, who had made a very substantial investment in the company and continued...