Summary Where a claimant had served a notice to prove after the original deadline for service of witness statements, the notice was out of time, pursuant to CPR r.32.19(2)(a). The fact that a judge struck out the bulk of the witness statements which had been served and set a...

Summary A party's entitlement to take advantage of its opponent's mistakes was qualified by its duty under CPR r.1.3 to help the court further the overriding objective. Where a party threatened with litigation failed to draw the proposed claimant's attention to a mistake which resulted in service being defective, that...

Summary A company providing financial advice was not vicariously liable for a fraud perpetrated by one of its agents. Although the fraud had involved an online portal the agent had had access to in his role as the company's agent, his wrongdoing had been part of a recognisably independent business...

Summary An interim injunction preventing a High Court enforcement officer from entering two residential premises to take goods to satisfy a large judgment debt was continued where there was a serious issue to be tried as to the proper construction of the Tribunals, Courts and Enforcement Act 2007 Sch.12 and whether...

Summary The grant of an underlease of commercial premises by a tenant had constituted a breach of covenant. A judge's construction of the relevant covenant had involved an unwarranted re-writing of it. Facts A landlord appealed against a decision that the grant of an underlease of commercial premises by the...

Summary The Schools Sites Act 1841 s.2 allowed land to be granted as a site for a school and to revert to the grantor when that use ceased, unless s.14 applied and the land was sold or exchanged for a more eligible site. Section 14 did not mean that in order to...

Summary The Court of Appeal summarised the law applicable to equitable claims based on Pallant v Morgan [1953] Ch. 43. A property development company, which had been negotiating a joint venture with a supermarket for the purchase of land, did not have an interest in the land under Pallant v Morgan principles...

Summary A bankrupt's claim for breach of contract and negligence against his trustee in bankruptcy was struck out under CPR r.3.4(2), on the grounds that the claim form disclosed no reasonable grounds for bringing the claim and that it was an abuse of the court's process. Facts The defendant applied...

Summary In the face of evidence that a bank had made representations to the effect that it had not sought to manipulate LIBOR rates and would not seek to do so, a judge hearing a claim based on losses incurred by the bank's customer as a result of terminating interest...