Summary An agreement to enter into a management agreement for a property development did not contain an implied term that it would only continue in existence for so long as a relationship of mutual trust and confidence subsisted between the parties. There was no authority supporting the implication of such...
Summary By a majority the Court of Appeal held that foreign currency creditors who had suffered a currency loss as a result of the conversion of their debts into sterling at the start of the administration of an unlimited company were entitled to claim against the company, though their claims...
Summary The objects clause of a trust set up for charitable purposes did not, by empowering the trust to do acts "conducive to" those purposes, mean that the trust could lawfully engage in purposes that were not wholly charitable. Facts A trust appealed against a judge's decision permitting the respondent...
Summary An illegality defence could not bar a claim brought by the liquidators of a company which had been the vehicle for a VAT fraud, against its former directors and overseas suppliers who were alleged to have been involved in the fraud. The conduct of the directors could not be...
Summary On the evidence, a share transfer to recompense the recipient for introducing investment into a property development project had been agreed at a discounted price, not for free. Facts The claimant claimed for payment of the price of shares transferred to the first defendant company, under an agreement with...
Summary On the evidence, a share transfer to recompense the recipient for introducing investment into a property development project had been agreed at a discounted price, not for free. Facts The claimant claimed for payment of the price of shares transferred to the first defendant company, under an agreement with...
Summary Two Russian defendants to proceedings alleging unlawful means conspiracy established that a judge had been wrong to find that England was the appropriate forum for resolving the dispute. Although the proceedings concerned a loan governed by English law, the starting point for deciding forum was the place of commission...
Summary A court had erred in granting summary judgment on a former shareholder's claim for fraudulent misrepresentation in the valuation and sale of his shares, as it was open to him to rely upon post-sale transactions to infer that at some earlier point in time, the other shareholders had planned...
Summary A unilateral notice which had been registered against the title to a property could remain on the register if the party who had registered it provided a fortified cross-undertaking in damages in the sum of £5 million. Facts The claimant vendor applied for an order requiring the defendant purchaser to...