Outdoor Retail Ltd (2019) Summary In this case the court was asked to construe two provisions that are extremely common in commercial leases; a “conclusive certification” clause and a “no set-off” clause. The question for the court was: could the landlord obtain summary judgment for service charge arrears against its tenant...

Summary In proceedings concerning two petitions alleging unfairly prejudicial conduct, the court emphasised the importance of petitions being fully and properly pleaded. However, the rigour of the approach described in In the Matter of Tecnion Investments Limited [1985] 6 WLUK 68 was less important where the court directed points of claim and points...

Summary A service enabling users, via a website or app, to access internet music radio stations around the world had communicated copyright works to the public contrary to the Copyright, Designs and Patents Act 1988 s.20 where the radio stations were not licensed in the UK or elsewhere, where they were...

Summary An investor who held securities in dematerialised form through a chain of intermediaries had an equitable property right amounting to an "interest in securities" and was entitled to make a compensation claim under the Financial Services and Markets Act 2000 s.90A for losses incurred as a result of reliance...

Summary Legal advice privilege attaching to communications between a client and their lawyers, once established, remained in existence unless and until it was waived. It was established as a result of the purpose for which, and the circumstances in which, the communications had been made. It was not lost if...

Summary The purchaser of a commercial unit successfully established fraudulent misrepresentation where the vendor had deliberately failed to disclose that the electricity supply to the unit came through another unit, whose owner was entitled to cut off the supply, and had also told the purchaser that a problem with the...

Summary The purchaser of a commercial unit successfully established fraudulent misrepresentation where the vendor had deliberately failed to disclose that the electricity supply to the unit came through another unit, whose owner was entitled to cut off the supply, and had also told the purchaser that a problem with the...

Summary The CPR permitted secondary evidence to be given provided that the requirements of CPR PD 32 para.18.2 were complied with. That was an important requirement: the court had to know in every instance from what source the secondary evidence came. If a party chose to provide evidence through a solicitor,...

Summary The court granted an interim injunction preventing property developers from refinancing a development without first paying back a loan from a petitioning company, where there was a seriously arguable case that the developers were conducting business which was unfairly prejudicial to the petitioner where flats had been taken off...