Summary Applying the standard in Moy v Pettman Smith (A Firm) [2005] UKHL 7 , (2005) 1 WLR 581, a barrister had not been negligent in the advice he had given to a tenant regarding the desirability of serving a protective notice under the Leasehold Reform Act 1967. Facts The claimant (J) brought a claim in negligence...
Summary In the circumstances, the language of compromise agreements made between the parties was wide enough to include any claim on the grounds of conspiracy and the judge was right to strike out the claims and award summary judgment in favour of three of the respondents. Facts The appellants (K)...
Summary The rule in Foss v Harbottle (1843) 2 Hare 461 did not prevent the members of a limited liability partnership challenging the validity of the appointment of administrative receivers of the partnership. A power for a financier to appoint an administrative receiver did not amount to "step-in rights" within the Insolvency Act 1986...
Summary A counterclaim alleging breach of contract failed where the counterclaimant knew of and approved the conduct on which the counterclaim was based. Facts The claimant company (T) claimed unpaid commission arising from a business venture between the parties and the defendant (D) counterclaimed for damages for alleged breach of...
Summary Where it was obvious not only that a mistake had been made in formulating the clause of a lease dealing with the right to terminate, but also obvious what that mistake was, the court would correct the mistake as a matter of construction. Facts The appellant tenant (T) appealed...
Summary In the circumstances a judgment debtor was beneficially interested in the shares of a company and a property owned by that company in respect of which the judgment creditor had obtained interim charging orders. Facts The applicant (W) obtained interim charging orders over the shares of a company (J)...
Summary The Financial Services and Markets Act 2000 (Transitional Provisions and Savings) (Civil Remedies, Discipline, Criminal Offences etc.) (No. 2) Order 2001 reg.2(4) should be construed as providing that no person could be subject to an order under the Financial Services and Markets Act 2000 s.380(2) by reason of pre-commencement conduct in breach of...
Summary Investment business, an unauthorised collective investment scheme, would be being carried on in the United Kingdom for the purposes of the Financial Services and Markets Act 2000, if the activities in question that took place in the UK were a significant part of the business activity of running the scheme....
Summary On an application to put in fresh evidence on appeal, the Court of Appeal should be particularly cautious where what was intended was to put in, in effect, further cross-examination of a witness, including an expert, where that expert or witness had been cross-examined at a trial. Facts The...