Summary The court commented on the proper construction of CPR r.12.3(1), which provided for the claimant to obtain judgment in default of acknowledgment of service if certain conditions were met. The meaning of r.12.3(1) had been the subject of conflicting first-instance decisions, and it was to be hoped that the...

Summary A claimant was entitled to its costs leading up to the withdrawal of its summary judgment application as it had been reasonable to make the application on the basis of the original three grounds of defence. Costs that accrued following abandonment of those defences and the raising of a...

Summary A company failed to obtain summary judgment or to strike out a claim against it for commission for introducing a purchaser of two aircraft. Whilst the claim as formulated needed to be reviewed, potentially to join further defendants, it had a realistic prospect of success. Facts The defendant company ...

Summary The guidance given by Lord Sumption in Coventry (t/a RDC Promotions) v Lawrence [2014] UKSC 13, a nuisance case in which an injunction was claimed to restrain noise created by a use authorised by planning permission, was not appropriate guidance in a determination of whether upholding a restrictive covenant was...

Summary Where a son had established his entitlement by way of proprietary estoppel to his father's share in the assets and business of a farm they had previously run as a partnership, the court gave guidance on how the son's equity should be satisfied. Although it was possible to adopt...

Summary A loan agreement that gave the mortgagee an "absolute discretion" to require repayment on three months' notice was not subject to an implied term that it be exercised rationally in accordance with Braganza v BP Shipping Ltd [2015] UKSC 17. The fact that a duty of good faith arose by reason...

Summary Documents in client files held by the defendant solicitors in respect of a dissolved Cypriot company were protected by legal professional privilege where many years remained in which an application to restore the company to the register could be made. The policy considerations underlying the principle "once privileged, always...

Summary A worldwide freezing injunction obtained without notice was discharged for failure to comply with the duty of full and frank disclosure. In any event the claimants had failed to show a good arguable case against the defendants or a risk of dissipation. Facts The defendants applied for the discharge...

Summary The court discussed the circumstances in which fiduciary duties could arise in the context of a claim for breach of fiduciary duty arising from a dispute concerning plans to take advantage of a business opportunity to recover the assets of a deceased wealthy businessman. In particular, the court examined...