Summary The absence of informed consent was a necessary part of a claim alleging self-dealing by a company director. Accordingly, the absence of such consent was a material fact of the claim for the purposes of a waiver clause that did not apply to waive all claims a company might...

Summary The defendants had not disclosed a sufficient risk of loss during the relevant period to justify the fortification of a cross-undertaking from a claimant who had obtained a freezing injunction against them. Facts The first, third and fourth defendants applied for the fortification of a cross-undertaking in damages and...

Summary A claim for the return of a deposit paid to the local authority pursuant to an agreement under the Town and Country Planning Act 1990 s.106 amounted to seeking a modification or discharge of a planning obligation within the meaning of s.106, so that return of the deposit could only...

Summary In assessing the appropriate measure of damage for loss arising from negligent legal advice, in respect of the purchase of a commercial property, the diminution in value rule could be departed from if the facts demonstrated that its application would work an injustice to a claimant, contrary to the...

Summary When considering the proper construction of a proviso in a waiver agreement the court had to construe the waiver agreement as a whole and against its factual background. In the circumstances the comparison the court was required to make between the loss which would be caused to the representee...

Summary On the evidence, a claim in respect of the alleged non-performance of a written agreement had a real prospect of success and should proceed to trial. The court had jurisdiction over two of the defendants domiciled outside the English jurisdiction under Council Regulation 44/2001 Art.6(1) and therefore service of the...

Summary On the facts, the executors and trustees were liable to restore the sum of a commuted annuity, which had been gifted to the deceased's friend and solicitor, to the deceased's estate because the beneficiary children of the deceased had not received independent legal advice about the effect of the...

Summary The claimant's application for summary judgment or to strike out the defence was dismissed because if the defendant's allegations were established at trial they would provide a defence. Facts The claimant company (D) applied for summary judgment or to strike out the defendant's (W) defence. The action had been...