Summary In relation to a joint venture concerning a hotel development, the court ruled on the validity of a notice purporting to waive certain conditions relating to the funding of the development and the obtaining of consents and approvals. Facts The appellant appealed against a decision concerning the validity of...

Summary A claimant who satisfied the ordinary requirements of a claim for unjust enrichment should not be debarred from enforcing his claim simply because he was seeking to recover money paid pursuant to a contract to carry out an illegal activity. The rule in Tinsley v Milligan [1994] 1 A.C. 340 was...

Summary Services provided by a lawyer qualified in another jurisdiction did not constitute "legal services" for the purposes of CPR r.46.5(3)(b). The cost of those services was therefore not recoverable by a litigant in person as payments reasonably made for legal services relating to the conduct of the proceedings....

Summary Where a company had on its balance sheet an estimated provision in respect of a long-term liability, there was no justification for holding that the duty to protect creditors' interests under the Companies Act 2006 s.172 applied for the whole period during which there was a risk that there might...

Summary The court exercised its discretionary powers under the Senior Courts Act 1981 s.35A to award interest on a claimant's damages until the date of judgment. Interest was awarded at a rate of 6% per annum on the judgment debt from the date of judgment as would be applied by a...

Summary The court interpreted a deed which granted an easement allowing a company to run a subsurface pipeline across land in an area which was exploited for the extraction of minerals. It considered the extent of the pipeline owner's rights in circumstances where the landowner served notice that he wanted...

Summary A judge had erred in granting summary judgment to the directors of a company in liquidation in respect of a claim for breach of their fiduciary duty, on the basis that the claim was time-barred. No limitation period applied to the claim by reason of the Limitation Act 1980 s.21(1)...

Summary The First-tier Tribunal declined to stay a taxpayer's appeal against an amendment to his 2007/2008 tax return pending the outcome of an appeal to the Court of Appeal in respect of his 2006/2007 return. Although the transactions in both appeals were structurally the same, the issue, whether the taxpayer was carrying...