Summary A new trial was refused to a defendant who had been refused an adjournment and had had to conduct his case in person. Where a wife sought to set aside a mortgage on the grounds of undue influence, the issues were: (i) the meaning of "manifest disadvantage"; and (ii)...

Summary This was an appeal from the decision of David Donaldson QC sitting as a Deputy Judge of the Chancery Division between the appellant, and its landlord, Gloucester City Council . Facts appeal raised two questions: (i) Whether (a), as the council contended, the covenant in cl.2(iii)(a) "to complete...

Summary Whether provision in the Lloyd's settlement agreement that underwriting members who did not pay their reduced liabilities in full by a certain date would be liable for their full liabilities was in the nature of an unenforceable penalty or constituted a provision for forfeiture. Facts These were two sets...

Summary Unconditional leave was granted to defend a claim for knowing receipt of sums subject to a constructive trust and/or knowing assistance in respect of the disposal of such sums, as the evidence was insufficient to support a summary decision. Facts Interlocutory appeal by the second defendant ('D') against...

Summary Unconditional leave was granted to defend a claim for knowing receipt of sums subject to a constructive trust and/or knowing assistance in respect of the disposal of such sums, as the evidence was insufficient to support a summary decision. Facts Interlocutory appeal by the second defendant ('D') against...

Summary Appeal from an order of Master Bowles of 2 July 1999 where the claim against the fifth defendant, the Chief Land Registrar ('the registrar'), was struck out. Facts The proceedings were against the claimant's former wife, her lover, his brother ('the third defendant'), a solicitor and the registrar. In 1981 the claimant,...

Summary Considers the basis on which judges could or should disqualify themselves from sitting on grounds of bias and the issues concerning judges who were solicitors, authors and non-executive directors of family companies. The court would regard as undesirable any extension of the present rule on automatic disqualification beyond the...

Summary The claimant had an arguable case that a chose in action had been equitably assigned to him by his trustee in bankruptcy. A subsequent bankruptcy adjudication did not revest that chose of action in the trustee. Causes of action pleaded in the statement of claim which went beyond those...

Summary On the available evidence before the court, the judge was wrong to enter summary judgment in favour of the claimant, since it had been shown that the defendant had a real prospect of successfully defending the claim brought against him. Facts Defendant's appeal from the order of HH Judge...