Summary Mortgage on matrimonial home discharged by mortgagee producing a bank guarantee and following it up with a charge bearing forged signatures. Whether bank could claim right of subrogation or mortgagee's refinancing arrangements created an equitable mortgage over his beneficial interest in the property. Bank's remedy and position of the...

Summary As to whether a notice determining a commercial lease was valid and complied with both the terms of a break clause in a lease and s.25 Landlord and Tenant Act 1954. Facts On 22/5/96 Lightman J directed trial of the following issues: (1) Was a notice to determine a commercial lease valid...

Summary Applying Carecraft procedure in company directors disqualification order applications. Facts Application by the Secretary of State for Trade and Industry against Dayan and Banarse and Pratep Singh Banarse for orders under the Company Directors Disqualification Act 1986. Held The procedure in Re Carecraft Construction Co Ltd (1994) 1 WLR 172 lost its point...

Summary Court direction on release of funds to the Luxembourg liquidators of the Bank of Credit and Commerce ('BCCI') for distribution to creditors and the court's refusal to disapply Insolvency Act 1986 set-off rules. Facts Application by the English liquidators of Bank of Credit and Commerce International SA ('BCCI') for directions...

Summary Where an application for a director's disqualification order was made and the Carecraft procedure employed, no finding of dishonesty could be made by the Court unless such a finding was undisputed and agreed by the parties in their agreed statement of facts. Facts Appeal by a disqualified director against...

Summary Claim for misrepresentation which induced the three plaintiff companies to continue with the construction and maintenance of the Howard Shopping Centre. Facts Claim in deceit by the plaintiffs, against Welwyn Hatfield District Council (WHDC), 1st defendant for damages which began in the Crown Office as an application for judicial...