Summary It was appropriate to allow rectification of a Tomlin order made in a bank's action to enforce charges over certain land, because the order did not reflect the parties' common intention as to the bank's rights. Facts The appellant bank (L) appealed against a decision ([2012] EWHC 2264 (Ch)) that it...

Summary It would be appropriate to stay a debt claim given that a "related action" within the meaning of Regulation 44/2001 art.28 had previously been commenced by the debtor in France. Facts The defendant French company (C) applied for a stay of an action brought by the claimant (L) in the...

Summary The owner of a holiday village was entitled to enforce positive covenants against bungalow owners in the village, requiring them to make payments in respect of the costs of maintaining the roads, car parks, and recreational facilities in the village. The bungalow owners were successors in title to the...

Summary The winding up of a Bahamanian company which had failed to respond to a statutory demand was valid where the company had failed to establish that the petition represented an abuse of the process of the court. The appellant company (E) appealed against an order for its winding-up on...

Summary There was no need for a claimant to demonstrate an imminent infringement of a legal right before the court would make a declaration concerning the relevant right. The court therefore granted a declaration concerning a claimant's right of light where the defendant had not infringed the right, but had...

Summary The court refused to grant a stay of proceedings on the basis that there were related proceedings in the Isle of Man because the circumstances were not sufficiently rare and compelling. Further, although the proceedings involved an Icelandic credit institution which was subject to an Icelandic insolvency process, there...

Summary Transfers of property had not provided for the seller's positive covenants, concerning the grant of leases conditional on the obtaining of planning permission or on the exercise of an option, to be enforceable against the buyer. The covenants were not annexed to the property under the Landlord and Tenant ...

Summary The Court of Appeal reviewed the law applicable to secret profits made by fiduciaries in breach of duty, and considered whether a constructive trust arose in favour of the principal. Facts The appellant investors (F) appealed against a decision ([2011] EWHC 2999 (Ch)) concerning the appropriate remedy against the respondent agent ...