Summary A judge's construction of a clause in a lease agreement which would have required an assigning tenant not merely to procure a new guarantee but also a new guarantor was incorrect. The judge was correct to regard the whole of the proviso in the clause as being avoided by...

Summary On its proper construction, a third party legal charge was not restricted to securing the original £27 million loan facility granted by a bank to a property development company, but extended to further loan facilities, an overdraft, and loan facilities extended to related companies. Facts The court was required to...

Summary The claimant freeholders were granted summary judgment on their claim that the defendant lessees had breached lease agreements by assigning the leases to subsidiary companies without the freeholder's consent. Facts The applicant freeholders (T) applied for summary judgment on their claim against the respondent lessees (D) for declarations that...

Summary It was not appropriate to allow the well-known businessman Robert Tchenguiz to deploy, in unrelated proceedings in Guernsey, documents disclosed by the Serious Fraud Office in the instant action, being a claim for damages arising from unlawful search warrants issued by the Serious Fraud Office. Facts The first claimant ...

Summary A First-tier Tribunal had not erred in upholding the Revenue and Customs Commissioners' decision refusing to allow the deduction of input VAT on the basis that the relevant transaction had been connected to fraud, and the taxpayer ought to have known about that fraud. Facts The appellant sole trader ...

Summary The Law Society intervened in the defendant solicitor’s practice. Pursuant to paragraph 6 of Schedule 1 to the Solicitors Act 1974, various sums in relation to the defendant solicitor’s practice became vested in the Law Society on a statutory trust. Certain outstanding fees in respect of work carried out by...

Summary It was appropriate to grant the claimant permission to instruct a review team to identify documents disclosed by the Serious Fraud Office in the instant action which might be relevant to a pending appeal in unrelated proceedings in Guernsey. Facts The first claimant (R) sought permission to instruct a...

Summary A landlord was the "owner" of an unoccupied property for the purpose of non-domestic rates where the liquidator of a tenant company had disclaimed the lease. The disclaimer determined the lease and gave the landlord the right to immediate possession, regardless of the existence of the guarantor's obligations. While...