Summary On the exercise of a power of sale over mortgaged property, the mortgagee or a receiver appointed by the mortgagee were not under a duty to pursue applications for planning permission or complete the grant of leases in order to increase the likely best price reasonably obtainable on sale....

Summary The holder of the leasehold reversion on a lease had unreasonably refused consent to assignment of the lease by a mortgagee and had waived the right to forfeit the lease for breach of a covenant to carry out and complete the development project expeditiously Facts Two actions relating to...

Summary An interim injunction was granted to restrain a beneficiary from dealing with those parts of his free assets derived from the deceased's estate pending the outcome of proceedings by the claimant to obtain probate in respect of a different will made by the deceased. Facts In an application for...

Summary In the circumstances, there was an appreciable risk that the defendant, who appeared to be guilty of dishonesty, would place assets beyond the reach of her creditors and therefore a freezing order would be continued. Facts Application by claimant ('C') for the continuation of a freezing order granted against...

Summary It was appropriate for solicitors to make a separate charge based on value for the administration of an estate, in addition to fees for time spent, provided that the remuneration overall remained fair and reasonable. Facts Appeal by solicitors ('KBL') against the decision of Costs Judge Rogers on a...

Summary The defendant was liable to remunerate estate agents for outstanding fees in accordance with the terms of an agency agreement, despite his allegation that he had not received a leaflet containing the agents' terms of business and although the property sale was ultimately concluded without the agents' assistance. Facts...

Summary An order made without notice providing for the disclosure of documents after exchange of witness statements gave one party an unjustified procedural advantage. Facts Appeal by Interoil ('IT') from an order of Lloyd J of 1 April 2003, allowing Watford Petroleum Ltd ('WPL') to delay the provision of certain documents until...

Summary T served notice claiming a new lease pursuant to the Leasehold Reform, Housing and Urban Development Act 1993. At that time, the tenants were only entitled to a new tenancy if they had been occupying the flat as their only or principal home for at least 3 years out of the...

Summary Six sisters were not partners in a family business and only the surviving brothers or their representatives were entitled to the winding up of the partnership and realisation of the business assets. Facts Action by the claimant ('S') concerning the ownership of a family business and certain properties. CB...