Summary Applications under the Insolvency Act 1986 s.423 to set aside a transfer of property were not struck out as an abuse of process where they had been brought subsequent to the determination of the issue of the validity of the transfer. The question of validity was separate from the issue...

Summary Ahead of a breach of contract claim, it would be disproportionate to grant the defendants a Norwich Pharmacal order that the claimants disclose the source of documents in their possession that were potentially covered by the defendants' legal professional privilege. Given that it appeared that the parties had regularly...

Summary The claimants were entitled to summary judgment on invoices for goods supplied where the defendant had failed to show any realistic prospect of defending the claim on the basis that the goods supplied were deficient in quality, thereby giving rise to a cross-claim. Facts The claimants applied for summary...

Summary A lessee and occupiers of a flat were liable in nuisance for noise caused to the occupiers of the flat below where the flooring of the upper flat was inadequate to prevent significant noise transmission. The lessee was also in breach of covenant under the lease for failing to...

Summary Whether premises comprised a "flat" within the Leasehold Reform, Housing and Urban Development Act 1993 s.101 depended on whether they had been constructed or adapted for use for the purposes of a dwelling. The test was not whether the premises had reached such an extent of fitting out, or remained...

Summary The court commented on the proper construction of CPR r.12.3(1), which provided for the claimant to obtain judgment in default of acknowledgment of service if certain conditions were met. The meaning of r.12.3(1) had been the subject of conflicting first-instance decisions, and it was to be hoped that the...

Summary A claimant was entitled to its costs leading up to the withdrawal of its summary judgment application as it had been reasonable to make the application on the basis of the original three grounds of defence. Costs that accrued following abandonment of those defences and the raising of a...

Summary A company failed to obtain summary judgment or to strike out a claim against it for commission for introducing a purchaser of two aircraft. Whilst the claim as formulated needed to be reviewed, potentially to join further defendants, it had a realistic prospect of success. Facts The defendant company ...

Summary The guidance given by Lord Sumption in Coventry (t/a RDC Promotions) v Lawrence [2014] UKSC 13, a nuisance case in which an injunction was claimed to restrain noise created by a use authorised by planning permission, was not appropriate guidance in a determination of whether upholding a restrictive covenant was...