Summary The claimant was not entitled to a declaration that the effect of a letter sent by it to the third defendant constituted an event of termination or gave rise to an event of termination under a joint venture agreement between the parties. Facts Claim by a partnership ('TM'), licensed...

Summary Application under the Evidence (Proceedings in Other Jurisdictions) Act 1975 Facts This was an application under the Evidence (Proceedings in Other Jurisdictions) Act 1975 pursuant to a letter of request from the US District Court in Delaware. The Delaware proceedings involved allegations of securities fraud in relation to the 1998 $36 billion merger...

Summary EC Regulation on Insolvency Proceedings 1346/2000 gave the courts of a Member State jurisdiction to open insolvency proceedings in relation to a corporate debtor incorporated outside the EC, if the centre of the debtor's main interests was within that Member State. Facts Petition for an administration order by and in...

Summary Lessees who contracted to assign the remainder of their lease to the claimants were in breach of a pre-emption clause in the lease in favour of the lessors who accordingly acquired an equitable interest in the lease, ahead of the claimants, that was not avoided by s.17 Landlord and...

Summary A challenge to the trade mark "ESB" in respect of beer on grounds of lack of distinctive character failed, but since the mark was only used in relation to bitter the scope of the mark was restricted accordingly by way of partial revocation for non-use. Facts Appeal and cross-appeal...

Summary A court could not order a defendant to make a payment into court under r.25.1(1)(l) Civil Procedure Rules 1998 SI 1998/3132 because the debt alleged to be owed to the claimant did not constitute a "specified fund" within the meaning of that rule. Facts Application by the defendant ('D') to...

Summary Where a landlord gave the tenant written notice refusing consent to assign a lease, which brought to an end the reasonable time permitted under s.1(3) Landlord and Tenant Act 1988 to respond to the tenant's application, the landlord could not assert that the reasonable time had not elapsed. The landlord...

Summary The fact that counsel had referred to instructions in her opinion did not make those instructions discloseable. Facts Defendant and Part 20 claimant's appeal from the decision of Lightman J dated 30 May 2002. The appellant argued as follows: (i) the judge was wrong to strike out the asserted implied term that...

Summary Payment by a target company of the fees of accountants retained by the purchaser to prepare a long form report amounted to unlawful financial assistance within s.151 Companies Act 1985. Facts Defendant's ('SWP') appeal from that part of an order of Davis J dated 26 April 2002 by which he dismissed SWP's...