Summary On the facts, letters by the testator to the first defendant did not establish the communication of any binding secret trust or any other fiduciary obligation for the benefit of the claimant. In any event, the subject matter of any such trust or obligation was insufficiently certain to be...

Summary Security could not now be ordered as a matter of course from a foreign claimant and to avoid such an order he did not have the burden of establishing the ownership of fixed and permanent property here or indeed any property at all. Facts Defendants' appeal from the order...

Summary An equivocal or revocable representation could give rise to a proprietary estoppel, since it was not the irrevocability of the representation when it was made which empowered equity to intervene, but the fact of subsequent detrimental reliance on the part of the representee, which made the representation irrevocable. Facts...

Summary Principles of waiver and estoppel applied to an invalid notice to complete. Facts The defendant vendor appealed against the decision of Master Winegarten striking out its defence and counterclaim to a claim by the purchasers for specific performance and ordering performance by the vendor of a contract for the...

Summary A bookmaker whose business was located abroad was not entitled to solicit custom within the United Kingdom by broadcasting advertisements on Teletext. Such an advertisement was an "advertisement or other document" for the purposes of s.9(1)(b) Betting and Gaming Duties Act 1981. * Leave to appeal to the House of...

Summary A registration of a land charge in the Land Charges Register against the correct name of the estate owner where the land, as described, was a version of the land fully described in the conveyance, constituted an effective registration. Facts Defendant's appeal from the order of HH Judge Colyer...

Summary Summary judgment was not ordered against a defendant as, on the facts, it would have been wrong to say that there was no real prospect of establishing that she was an innocent recipient of money. However a sale of property was ordered along with an enquiry as to where...

Summary On a mortgagee's application for an order for sale, s.15 Trusts of Land and Appointment of Trustees Act 1996 specified the factors to be considered by the court in the exercise of its discretion. Accordingly, the interests of secured creditors were just one factor to be considered; such interests were...

Summary A creditor who held disputed security from a debtor was not under a duty to give notice to the debtor's surety before the creditor entered into a compromise agreement with the debtor whereunder some of the alleged security was surrendered to the debtor, even where debtor and creditor were...