Summary An insurer had not waived the requirement that the insured disclose certain material incidents that had occurred prior to the inception of the policy and had been induced by the insured's non-disclosure to enter into the policy on the agreed terms. The insurer was therefore entitled to avoid the...

Summary A company was jointly and severally liable to pay excise duty under the Excise Duty Points (Duty Suspended Movements of Excise Goods) Regulations 2001 reg.7 in respect of goods dispatched and fraudulently diverted from a bonded warehouse under administrative accompanying documents containing false information provided by the company's employees, where...

Summary On the evidence the claimant failed to prove that an oral representation alleged to have been made by the defendant had been incorporated into a contract between them. Facts The claimant company (N) sought damages from the defendant company (P) for misrepresentation or breach of contract. N was a...

Summary On the true interpretation of a share sale agreement the expression "accumulated net worth" in the clause in issue meant "net assets". Facts The appellant company (S) appealed against a decision ((2005) EWHC 1565 (Ch)) that it was liable to the respondent (F) on F's counterclaim and F cross-appealed against the...

Summary The administrators of an insolvent company had not made out a sufficient case for the distribution to the company's former customers of certain funds held by them. A deed of trust executed by the administrators was treated as rectified to cover the relevant bank account and moneys it was...

Summary Where a tenant had failed to pay rent due under a lease and had abandoned the demised premises, a landlord was under no duty to mitigate his loss when seeking to recover arrears of rent. Facts The appellant tenant (T) appealed against a decision that his landlords (L) were...

Summary Where parties had chosen to select an expert method it was not open to the court to interfere, save where the expert machinery had broken down. Facts The applicants (C) applied to strike out that part of a claim of the respondent shareholder (B) relating to the valuation of...

Summary The fact that a wife had made a will which appeared to deal with her share of the matrimonial home was not enough to give rise to an inference that the joint tenancy of the property had been severed. Facts The claimant (C) brought an action for a declaration...

Summary Where the costs of litigation were sought to be recovered as damages in a negligence action, the appropriate method of assessment was the amount that would be awarded on assessment by a costs judge on the standard basis. Facts The claimant (R) brought a claim in negligence against the...