Summary A building scheme existed in respect of certain properties so that each property owner could object to a proposed discharge or modification of restrictive covenants in respect of one of the properties. Facts The tribunal was required to determine as a preliminary issue whether the fourth and fifth objectors ...

Summary The future right to an enhanced state pension did not constitute a "possession", within the meaning of that term under the European Convention on Human Rights 1950 Protocol 1 art.1, until retirement, at which point national law could determine what that entitlement was. On that basis the future right to an...

Summary Although the Court of Appeal's discretion to receive fresh evidence applied to the acceptance of an undertaking, it declined an undertaking offered by a party challenging jurisdiction to submit to the jurisdiction of a foreign court. To accept the undertaking would produce a different situation to that considered at...

Summary A company and one of its directors had breached fiduciary duties owed to a company for whom it found properties to acquire and develop as licensed premises. Two other directors had dishonestly assisted in the breach in respect of certain transactions. Facts The claimant (J) brought two actions against...

Summary A bank had acted in breach of a duty of care by putting into circulation a letter of instruction and a reference letter and representing that it had accepted the instructions and intended to adhere to them, but the breach had not caused loss to defrauded investors because they...

Unfair Prejudice petition. Instructed as junior counsel.

Summary The liability of a judgment debtor under a judgment had been discharged in full by a payment made to the claimant by the other defendants pursuant to a consent order so that the judgment could not be enforced by another defendant as assignee. Facts The appellant (M) appealed against...

Summary The fact that a director of a company had been nominated to that office by a shareholder did not, of itself, impose any duty on the director owed to his shareholder. Facts The appellant (H) appealed against a decision ((2007) EWHC 2999 (Ch) (2008) BCC 390) determining his petition under the Companies Act 2006...