Summary A constructive trust was not the appropriate remedy where a third party acquired a business opportunity honestly but arose as a result of a breach of fiduciary duty on the part of the plaintiff's business advisers. * Leave to appeal to the House of Lords refused. Facts The defendants appealed...
Summary A clause providing for the suspension of rent where demised premises were so badly damaged as to be unfit for occupation did not apply to sums reserved by way of additional rents. Facts Summons issued pursuant to RSC O.14A by the plaintiff landlord ('P&O'), seeking determination of...
Summary It was not appropriate to appoint substitute trustees over company pension funds in place of administrators of the company and nor could remuneration be authorised. Facts Application by Polly Peck International plc (in administration) ('PPI') seeking an order to appoint an independent trustee to manage two pension schemes ('the...
Summary Whether, following the making of an administration order against a tenant, the landlord could lawfully, peaceably re-enter without the leave of the court and whether such a peaceable re-entry was either enforcement of security or legal process under s.11(c) or (d) Insolvency Act 1986. Facts The plaintiff sought to...
Summary Transcripts of interviews by DTI Inspectors should be disclosed to all parties in complex proceedings relating to the collapse of two companies on an application of the test in RSC O.24 r.13. ** Final judgment on issues reserved after preliminary hearing. Facts A number of summonses were before the court...
Summary Appeal in an action to determine whether or not effective notice had been given under a break clause in two business leases, when the notice was mistakenly given by the wrong party. Facts Plaintiffs' appeal against a decision of Rattee J. Further evidence was permitted by agreement and showed...
SummaryRack rents provided some evidence of the value of fully enjoyed occupation. Expert evidence would be admissible to prove the value of the occupation.FactsTrial of a preliminary issue on whether, assuming the truth of the allegations in the defendant's counterclaim, damages were recoverable on that basis. The property concerned...