Summary The defendant in a professional negligence action had not accepted that the claim form had been duly served or waived its entitlement to require its proper service. There were no exceptional circumstances sufficient to justify dispensing with service altogether under CPR r.6.16. Facts The appellant (B) appealed against a...

Summary The court determined certain issues relating to the interpretation of an indemnity clause in an investment and funding management agreement. Facts The court was required to determine certain issues relating to the interpretation of an investment and funding management agreement entered into by the defendant structured investment vehicle (D)....

Summary As a matter of contractual interpretation, an occupancy agreement between a mutual housing association and one of its members, which was expressed to be "from month to month until determined" could not be determined simply by a month's notice to quit. The agreement, although incapable of being a tenancy...

Summary The question of whether a right of common was a separate right or a split right did not turn on what was stated in the register. Facts The appellant farmer (D) appealed against a decision ((2011) EWHC 16 (Ch), (2011) 2 P) concerning the extent of his right to graze livestock on common...

Summary Where parties to complex litigation had been compelled to take out loans at a high rate of interest to pay for their legal costs, and where their opponent had acted in such a way as to attract an order for costs on the indemnity basis, it was appropriate that...

Appeared un-led for Trustee in Bankruptcy in successfully responding to appeal against judge’s refusal to make pre-emptive costs order in case concerning assignment of cause of action.

Summary The power of the court to grant a freezing injunction under the Senior Courts Act 1981 s.37 extended to making any ancillary orders which appeared just and convenient to ensure its effective operation. The court had jurisdiction to order that a defendant disclose the ultimate source of funds used to...

Application by bankrupt to set aside notice of discontinuance filed by trustee in bankruptcy and for directions for assignment of claim to bankrupt.

Summary The court declined to set aside an order for service out of the jurisdiction of proceedings relating to a put option agreement and made a freezing order in support of the proceedings. Facts The applicant (D) applied to set aside an order giving the respondent (C) permission to serve...