Summary A particulars of claim which had been amended so as to add a second cause of action amounted to a "new particulars of claim" within the meaning of an unless order. Although the second cause of action was poorly drafted,a defective particulars of claim could still amount to...

Summary A judge had been wrong to approach the costs of a Beddoe application as if they were costs in ordinary litigation. The normal rule on the costs of an application for directions was that, absent improper conduct, the costs of a trustee would be paid out of the trust...

Summary Where it was unclear whether a judge had actually considered and determined an issue concerning ownership of a partnership asset forming the subject of an option to tax, the matter had to be remitted for a fresh hearing, even though the judge's general findings, which led to an inferred...

Summary Owners of a property had failed to prove that they had a right of way over land adjoining their property either by way of an express grant or by prescription by reason of their long use. Facts The claimants (L) claimed a right of way over an area of...

Summary Receivers of charged residential property were entitled to interim injunctive relief granting unrestricted access to the property and relevant documents in circumstances where their access had been obstructed by a purported lessee, who had possibly acted unlawfully in collecting substantial amounts of rent as a result of granting sub-tenancies....

Summary The starting point of an order for costs was that costs should follow the event. There was no general rule that a finding of dishonest conduct by the successful party would replace the usual starting point. An evaluation of the nature and degree of the misconduct and its effect...

Summary On the correct interpretation of a put option agreement there was no basis upon which the respondent could be entitled to exercise a put option in respect of shares it did not own. Facts The appellant (D) appealed against a decision ([2011] EWHC 2584 (Comm)) refusing to set aside an order...

Summary In deciding which replacement insolvency officeholders to appoint, the court presumed that the applicant professional body had had due regard to the public interest when it made its proposals for replacements and was as well placed as anyone, and better than most, to identify them. The onus was on...