Summary On the proper construction of an intercreditor agreement to which a bank and a trustee were parties, together with the company they funded, the bank's priority as a secured creditor of the company was limited, but not to the figure of £27.5 million as contended by the trustee. Facts The...

Summary On its true construction, and in the light of subsequent events, a clause contained in a 1957 conveyance entitled the successors in title to the benefit of a restrictive covenant contained in that original conveyance. Facts The appellants (R) appealed against a decision that a restrictive covenant contained in a...

Summary Where there was a provision in an agreement to purchase a property requiring forfeiture of monies already paid by way of part-payment on the occurrence of the forfeiting event, relief from forfeiture might be available in equity as a matter of the court's discretion if, and to the extent...

Summary The court considered the entitlement to commission and obligations relating to non-solicitation of clients and the use of confidential information in a six-month "wind down" period following the termination of agreements relating to the provision of "branded trading" of contracts for differences and spread betting. Facts The appellant (C)...

Summary An amendment to a claim to alter the capacity of the claimant claimed from a personal one to a representative or derivative one was permitted, as the new representative claim arose out of the same or substantially the same facts as the existing claim. Facts The claimant (B) applied...

Summary The disclosure by receivers of information received from an individual to third parties would not violate his right to protection from self-incrimination or under the European Convention on Human Rights 1950 art.6(2) since a bank which had brought committal proceedings against him had undertaken not to deploy any information disclosed...

Summary A claim for damages for breach of duty of care brought by a director against a company's auditors was struck out where the director had failed to indicate any special circumstances or a special relationship which would give rise to a duty of care. Facts The applicant auditors (P)...

Summary The court determined the meaning and effect of early close-out provisions in two cash settled put options incorporating the 1992 ISDA Master Agreement which were part of larger investment structures devised and marketed by Lehman Brothers. Facts The court was required to determine the meaning and effect of early close-out...

Summary A judge had not erred in exercising his discretion when determining interim rent under the Landlord and Tenant Act 1954 s.24D. Facts The appellant business tenant (T) appealed against the determination of an interim rent under the Landlord and Tenant Act 1954 s.24D. Between 1992 and 2006, T had paid rent...