Summary In determining the question of unfitness to be concerned in the management of a company under the Company Directors Disqualification Act 1986 s.6 it was not enough just to look at what happened in the company and say that all the directors were to blame and must therefore be found...

The assumption in the Leasehold Reform Act 1967 s.9(1A)(d) that the price for enfranchising a freehold was to be diminished by the extent to which the value of the house had been increased by tenant's improvements did not require the value of the potential for improvement to be excluded...

Summary Friendly societies - dissolution of friendly society - distribution of assets - construction of rules of society - members not entitled on dissolution - bona vacantia

Summary A scheme that involved collecting money from the public and placing bets on horse races on their behalf was a collective investment scheme. The scheme was operated without authorisation in breach of the Financial Services and Markets Act 2000 s.19. Facts The claimant (FSA) applied for summary judgment in a...

Summary An injunction restraining the defendants from denying that one or other of the claimants was their agent would not be granted where the claimants had failed to plead a cause of action justifying it. Facts The claimants (T) applied for an injunction restraining the defendants (C) from denying that...

Summary An arbitration award in respect of a rent review was remitted for reconsideration where a serious irregularity had occurred because the arbitrator in applying a discount for onerous lease terms had departed from the agreed basis upon which the case was put to him. Facts The claimant landlord (S)...

Summary A petition by Customs to wind up a company on the basis of assessments to excise duty arising under the Excise Duty Points (Duty Suspended Movements of Excise Goods) Regulations 2001 would not be granted where the alleged debt was disputed on substantial grounds that, arguably, the Regulations did not...

Summary A supplier of polycarbonate mouldings to be used as housings for lights had breached express terms in its contract with a manufacturer and implied terms under the Sale of Goods Act 1979 where it had used material that did not conform to the specification required by the manufacturer. Where defects...

Summary The mere transfer of the assets of a partnership to a company owned by the partnership did not effect a dissolution of the partnership unless it was accompanied by either an express or necessarily implied agreement by all parties to dissolve. An agreement to such a transfer did not...