Summary Both Andrew Walker QC and his instructing solicitors, Shelter Cymru, (neither of whom had been involved at any stage at first instance) agreed to act pro bono at the appeal hearing, following the withdrawal of legal aid. Davis LJ paid “tribute to the careful and attractive way in which...

Summary An application to vary a court order to allow the owner of a block of flats to retain possession of one flat when receivers took possession of the block amounted to an application for a mandatory injunction requiring the receivers to allow him to remain in the property. Facts...

Summary Where a claimant had altered its case on the trial of a preliminary issue as to the nature of a £1 million payment, and that case was an arguable one, it was not appropriate to strike it out, but the trial would have to be adjourned to allow that case...

Summary An order allowing service of proceedings out of jurisdiction did not extend to a quantum meruit claim of the restitutionary kind, as, although it had been pleaded in the alternative to a contractual claim, it did not "arise in respect of a contract". Facts The court was required to...

Summary The act of state doctrine did not apply to allegations of impropriety against foreign court decisions, whether in the case of particular decisions or in the case of a systemic dependency on the dictates or interference of the domestic government. A decision of the Amsterdam court of appeal refusing...

Summary A judge had erred in applying the costs consequences of the claimants' failure to beat a Part 36 offer when the defendants' offer did not comply with the CPR Pt 36. It was not permissible to discount a number of failures to comply with the requirements of Part 36 as matters of...

Summary This claim was for declarations as to the meaning of a contract for the sale of development land as regards payments to be made out of a contractual retention towards environmental remediation works, and an alleged estoppel against the claimant seller. Facts The contract was construed in the manner...

Summary On the proper construction of a contract, a company was entitled to payment for procuring the introduction of two companies. Facts The claimant (W) brought a claim against the defendant(G) for failure to make payment due under a contract. W had operated a theatre under the terms of...

Summary Showing or supplying the witness statements and attached documents to a third party funder so that the funder could determine whether to continue to fund the proceedings and whether to give and whether to continue to give the cross-undertaking in damages was use "for the purpose of the proceedings"...