Summary The court was bound by Choudhary v Bhattar [2009] EWCA Civ 1176, [2010] 2 All E.R. 1031 to hold that it was not permitted to order the service of committal proceedings on a director domiciled in a non-Member State under Regulation 44/2001 art.22(5), notwithstanding contrary decisions of the European Court. However, the court could...

Summary In assessing the diminution in value of the landlord's reversion caused by a tenant's breaches of repairing covenants, a judge had been entitled to conclude that the amount of the diminution could be inferred from the cost of the necessary repairs. Facts The appellant tenant (T) appealed against an...

Summary The contemporaneous documentation did not prove that before the beneficiary of a trust of land declared that he held his interest on trust for his grandson, they had made an arrangement that the grandfather would continue to keep all the income attributable to the gifted interest while he was...

Summary The First-tier Tribunal had not erred in law in applying the principle in Kittel v Belgium (C-439/04) [2008] S.T.C. 1537, as interpreted by the Court of Appeal in Mobilx Ltd (In Administration) v Revenue and Customs Commissioners [2010] EWCA Civ 517, [2010] S.T.C. 1436, when considering whether a trader, who was...

Summary An interim order made under the Insolvency Act 1986 s.252, imposing a moratorium on proceedings against a judgment debtor, where there was no petition for bankruptcy but there was an individual voluntary arrangement pending consideration could not be equated to the situation where a statutory scheme was already in place....

Summary The court illustrated its approach to the determination of costs in a multi-party action raising multiple issues and sub-issues, in which all parties had been both winners and losers. Areas of focus included how to treat the costs of discontinuing a small strand of one issue; entitlement to recovery...

Summary A property valuer's application for specific disclosure in a negligence action brought against it by a mortgagee was refused where the documents sought added nothing to its defence that the claim was champertous. Facts The applicant property valuer (J) applied for specific disclosure from the respondent mortgagee (W) in...

Summary An order for service of a claim out of the jurisdiction was set aside where the claimants failed to demonstrate that their claim for breach of an alleged oral contract had a real prospect of success. In cases concerning oral contracts the court expected the claimant to adduce evidence...

Re Bowen Travel Ltd [2012] All ER (D) 63 (Dec): Application for Administration Order (Chancery Division Birmingham DR) in respect of a travel company.