Summary Permission to continue with a derivative action under the Companies Act 2006 s.261 was refused where a notional director was unlikely to attach much importance to the claim and the alleged damage was speculative. Facts The applicant former executive directors (S) sought permission to continue a derivative claim against the...

Summary The fact that a vendor of a property had not proved any loss where the purchaser had failed to complete could not, on its own, amount to a sufficient ground for ordering the return of a deposit under the Law of Property Act 1925 s.49(2), but the economic impact on...

Summary Although an appellant had repeatedly failed to attend court when ordered there was no evidence justifying a judge's conclusion that his behaviour was contumacious and the judge had erred in imposing a suspended committal order. Facts The appellant diamond merchant (R) appealed against a judge's decision to make a...

Summary The court declined to determine summarily a claim that solicitors owed a duty of care in relation to certain estate planning transactions to the claimant as the residuary beneficiary of the estate of his late mother. Facts The applicant solicitors (T) applied for summary judgment or the striking out...

Summary Dominion Petroleum Limited (“DPL”) is an AIM listed exploration company incorporated in Bermuda. It has a subsidiary (“DPAdmin”) incorporated in England. Carlo Seidel (“CS”), who is resident in England, is/was a 16% (with 65 million shares) shareholder in DPL, a director and CEO of DPL, and a director/CFO of...

Summary The purchaser of property was entitled to a declaration that, on the proper construction of an overage clause in the sale and purchase agreement, the vendors were not entitled to an additional sum in respect of each flat subsequently constructed on the property. Facts The claimant (W) sought a...

Summary The dishonest, unilateral alteration of a share agreement, which had the effect of ensuring that the defendants alone enjoyed the benefit of the exploitation of an invention, amounted to breach of contract and breach of their fiduciary duty as directors to act for a proper purpose and in the...

Summary A company director had failed to comply with an agreement made with the other director and his actions were both contrary to that agreement and contrary to good faith and were thereby unfairly prejudicial to the interests of a shareholder. Facts The petitioner (R) issued a petition concerning the...

Summary There was no constitutional principle or rule of law that the Crown could not plead adverse possession where its original entry on to the land was unlawful. Facts The appellant (R) appealed against a decision ((2007) EWHC 513 (Ch), (2007) 2 P) that the respondent commissioners had acquired title by adverse possession to...