Summary Where a party to a swap agreement had gone bankrupt and the bankruptcy was a default event but the other party had chosen not to serve an early termination notice, the agreement had continued in full force and effect. Consequently, when the other party later committed a default event,...

Summary A bank was granted summary judgment on its claim against a group of companies involved in the tobacco trade and their majority shareholder for the full unpaid principal amount of an outstanding loan plus interest. Facts The claimant bank applied for summary judgment against the defendants (D1-D4).D1...

Summary Where a company whose control was disputed had undertaken not to dispose of funds "other than in the ordinary and proper course of business", expenditure for an arbitration by the company's alleged owner before the International Centre for Settlement of Investment Disputes was not within the undertaking. The expenditure...

Summary The court refused to vary an order requiring an airline to make a £3.64 million payment into court as a condition of its appeal against the payment of the same to settle a judgment debt. The airline's chairman, who had made a very substantial investment in the company and continued...

Summary A claimant was allowed to amend its particulars of claim to include claims for revocation of a patent and to seek a declaration from the court. Facts The claimant applied to amend its particulars of claim.The defendant had agreed to supply to the claimant material made up of...

Summary The subjective element of the test for dishonesty in R. v Ghosh (Deb Baran) [1982] Q.B. 1053 did not correctly represent the law and directions based on it should no longer be given. When dishonesty was in question, the fact-finding tribunal had first to ascertain the actual state...

Summary The subjective element of the test for dishonesty in R. v Ghosh (Deb Baran) [1982] Q.B. 1053 did not correctly represent the law and directions based on it should no longer be given. When dishonesty was in question, the fact-finding tribunal had first to ascertain the actual state of the...

Summary The release by the headlessee of a property to the developers of an adjoining site of the right of light appurtenant to the headlease would amount to an encroachment on or against the demised premises in breach of the terms of the headlease. Facts The headlessee of a property...

Summary Where a sale agreement governing the sale of land for residential development restricted the manner in which the developer could dispose of the completed residential units with a view to protecting the seller's right to overage, the subsequent sale of five properties to a registered social housing provider as...