Summary Where a tenant's notice to determine a lease specified the wrong date, but it would have been clear to a reasonable recipient of the notice what the intended date should have been, then the notice was effective to determine the lease. Facts Appeal from Rattee J sitting as a...
Summary Solicitor acting for mortgagee in a re-mortgage has a duty to ensure that it is properly signed by each of the borrowers. Facts Appeal and cross-appeal from Lloyd J sitting in the Chancery Division on findings in third party proceedings. The plaintiff and her husband ('the borrowers') jointly owned...
Summary Whether directors involved in collapse of Atlantic Computers plc and British & Commonwealth Holdings plc should be disqualified under s.8 Company Directors Disqualification Act 1986. Facts Atlantic Computers plc ('ACP'), a computer leasing company, was bought by British & Commonwealth Holdings plc ('B&C') for #408 million on 1 September 1988. In April 1989 Atlantic was...
Summary A party who brings about a reduction in the indebtedness to a creditor of a debtor by refinancing and payment of a sum to the creditor is entitled to recover that sum from the creditor on the principle that otherwise there will have been an unjust enrichment of the...
Summary The court has an inherent jurisdiction to order production of confidential documents of third parties for use as evidence. Facts Preliminary issue on production of evidence in a negligence action against two companies of expert valuers. The plaintiff sought an order under s.112 of the Land Registration Act 1925 as...
Summary A petition under ss.459-461 Companies Act 1985 was struck out and proceedings were found to be an abuse of process, resulting in indemnity costs. There had been no unfairly prejudicial conduct, nor were legitimate expectations relevant. Facts Emerson Electric Company ('E') applied to strike out a petition presented by...
Summary Effect of s. 2 of the Law of Property (Miscellaneous Provisions) Act 1989. Facts These two applications for summary judgment by the plaintiff were in two actions against different defendants but raised the same issues. The plaintiff, who had been a close friend of both sets of defendants, acted as solicitor...