Summary The provisions of s.97(2) Copyright, Designs and Patents Act 1988 were apt to provide for a measure of damages appropriate in cases of deliberate or reckless infringement. Facts The claimant sued the Sun newspaper for copyright infringement of a photograph of a patient at Rampton Hospital ('A'), a convicted killer....

Summary A judge was wrong to conclude that the fourth defendant's transfer of his legal interest in a property to the claimant was also intended to transfer his beneficial interest in that property. Facts Appeal by the fourth defendant ('K') from an order of HH Judge McKenna by which he...

Summary Successful application for summary judgment for specific performance of an agreement for the sale of a shopping centre. On the facts of the present case the vendor was not required to produce a stamped transfer in its favour on completion, from which it followed that the purchaser could not...

Summary An application for an order striking out director disqualification proceedings unless the secretary of state answered requests for information under CPR Part 18 was rightly dismissed because the requests were premature and it was not reasonably necessary or proportionate to require the secretary of state to provide the information sought....

Summary The defendant's evidence that he and the claimant had orally agreed that the latter would not exercise an option in certain circumstances, which circumstances still prevailed, was sufficiently credible to preclude summary judgment being granted in favour of the claimant. Facts Claimant's ('M') application for summary judgment under CPR...

Summary An apparently incomplete gift was to be treated as completely constituted if, in the eyes of equity, it would be unconscionable to allow the donor to change his or her mind. An equitable assignment of shares by way of gift by the mere execution of a share transfer form,...

Summary The activities involved in operating an "open farm" on agricultural land used for dairy farming would give rise to a breach of a tenant's covenant to "use the holding for agricultural purposes only". The education of children and the public generally about agriculture and dairy or organic farming was...

Summary A tenant assignor sufficiently complied with Condition 8.3.4 of the Standard Conditions of Sale 3rd Edition if the landlord had in fact consented to the proposed assignment in correspondence, even though the tenant was unable to produce a licence to assign on completion. Facts Claimant's ('Aubergine') appeal from the decision...

Summary Fraudsters had incorporated a new company with the same name as the registered owner and then “sold” the land to a registered purchaser. It was held that the registered purchaser took subject to the “true owner’s” rights both generally and as such were, on the facts, overriding interests. ...