Patrick Degorce v Revenue & Customs Commissioners (2013)
Judgment Date: 04 Mar 13
Summary The court issued a blocking injunction requiring six internet service providers to block customers' access to three peer-to-peer file-sharing websites. The service providers knew that customers were using the services to download copyrighted sound recordings without permission, and a blocking injunction was proportionate in the circumstances. Facts The claimant...
Summary The redevelopment of a property had not been carried out during the course of a business in connection with the provision of dwellings so as to make the vendors liable to the purchasers for breach of their duty under the Defective Premises Act 1972 s.1(1). Facts The court was required...
Summary When determining the value of a freehold under the Leasehold Reform, Housing and Urban Development Act 1993 Sch.6 it was not right to apply a discount for legal uncertainty regarding the prospective exercise of rights by the freeholder under s.61. The true construction of the Act had to be determined...
Summary The court construed a lease in order to determine the extent of the landlord's obligation to provide its tenants with an account in relation to the service charge payable for each accounting year. Facts The appellant landlord (M) appealed against a decision granting the respondent tenant (P) summary judgment...
Summary With regard to the interest payable on judgments under the combined effect of the Senior Courts Act 1981 s.35A, the Judgments Act 1838 s.17 and CPR r.40.8, the court construed the word "judgment" and examined factors affecting determination of the correct start and end dates, and the rate at which...
Summary A defendant who successfully applied for discharge of that part of an injunction that froze his assets in general, but who remained subject to proprietary injunctions against three specified properties, had obtained a significant win in real terms and the claimant was ordered to pay 30 per cent of his...
Summary A court heard that it was unfair and unjust to order a split trial in a breach of contract claim where the party seeking the order had failed to satisfy the court that it was appropriate to do so. However, an application to adjourn a trial date was granted...
Summary It was appropriate to allow rectification of a Tomlin order made in a bank's action to enforce charges over certain land, because the order did not reflect the parties' common intention as to the bank's rights. Facts The appellant bank (L) appealed against a decision ([2012] EWHC 2264 (Ch)) that it...