Summary Duty of Ombudsman to investigate negligent building society valuations : Duty of Ombudsman to investigate and determine Facts Application by building societies to determine whether complaints as to negligent valuations by building society valuers of properties to be charged to the building societies by existing borrowers to secure further advances...
Summary Mortgagor's right to have mortgagees' costs taxed. Mortgagor's right to challenge mortgagee's costs. Facts Appeal by plaintiff mortgagors and cross-appeal by defendant mortgagees as to a decision that the plaintiff mortgagors were not entitled to challenge items in the mortgagees' account on the ground that they were unreasonable. Held...
Summary State of mind of payer & payee may be relevant in unjust enrichment investigation Facts Appeal by plaintiffs against order granting leave to defendants to amend their points of defence to claims by the bank for restitution of sums paid to the council purportedly pursuant to certain financial transactions including...
Summary An officer of an insolvent company cannot refuse to answer question on the ground that he might incriminate himself. Facts Application by receivers for directions concerning the refusal of the controlling director of the company in receivership to answer questions put to him on an examination ordered under s.236...
Summary Whether proof of posting of cheque prima facie proof of payment.
Summary Directors cannot perpetuate their or their friends' control of the company. Nominee directors about to be removed,seeking to commit company to a management agreement Facts Plaintiff's appeal against refusal of an injunction to restrain defendants from terminating a management agreement under which plaintiffs were appointed defendants' managers. The...
Summary Applications under s.30 Merchant Shipping Act 1894 A creditor seeking execution against a ship owner is not an "interested person" for the purposes of an application under s.30 Merchant Shipping Act 1894 to prohibit any dealing with the ship. The section gives an applicant who is "an interested party" a substantial...
Summary Valuation of insurance companies faced with winding up petitions : Policyholders' Protection Scheme - valuing assets and claims : Valuation of insurance companies faced with winding up petitions. Facts Guidance on valuing insurance companies faced with winding up petitions where it was held inter alia in reply to questions posed in...
Summary Claim to gift of land by donatio mortis causa fails : Claim to gift of land by donatio mortis causa fails : Claim to gift of land by donatio mortis causa succeeds Facts al against dismissal of claim to gift of a house by donatio mortis causa where deceased owner to...