Summary Determination of preliminary issues arising out of the collapse of an investment scheme. Facts Application by the claimant custodian trustee company ('T') for the determination of three preliminary issues in a proceedings which arose out of the collapse of an investment scheme organised by the first defendant ('P'). In 1999...

Summary In making an order for specific performance on an application for summary judgment, the judge had erred in finding that there was no evidence of impossibility to perform. Facts Appeal by the first defendant ('MPG') from Pumfrey J's order of 15 March 2002 on a CPR Part 24 application by the claimant ...

Summary A guarantor was refused permission to appeal from a summary judgment granted four years earlier on a claim on the guarantee because he had no real prospect of success. Facts Application by the defendant ('C') for permission to appeal and for an extension of time for appealing from the...

Summary The so-called "Prudential principle" did not preclude an action brought by a claimant not as a shareholder but as a beneficiary under a trust against his trustee for an account of profits received in relation to shares which were the subject of the trust, unless it could be shown...

Summary A tenant was required to put up a realistic figure as the premium he proposed to pay for a new lease under s.4(3)(c) Leasehold Reform Housing and Urban Development Act 1993. Facts Application for a declaration that a s.42 notice served under the Leasehold Reform Housing and Urban Development...

Summary The hearing was an appeal from a decision of Master Moncaster, giving summary judgment in favour of the Claimants. The key issue on the appeal was which of successive bare possessors of land was entitled to possession as against the other. The Claimants (who had been there first) relied...

Summary Although any penal or coercive element arising out of the first defendant's committal to prison was now spent, it would be inappropriate to permit his early release from prison in the light of his unwillingness to give promises of future cooperation on the form of undertakings. Facts Application by...

Summary A tenant was not able to show at the summary judgment stage that the landlord had no real prospect of defending a claim that it had unreasonably withheld its consent to alterations. It was not appropriate to stay those proceedings pending the outcome of judicial review proceedings in respect...

Summary The payment of money to the chairman of a trust's managment committee was not authorised under Liechtenstein law. Facts (1) The payments to T had been authorised by the terms of an instruction to that effect to the Trust's bank signed by T. The claimants had failed to establish on...