Summary Unlawful transactions : Local authorities have no power to enter into interest "rate swaps". District auditor's appeal from decision holding that rate swap transactions were lawful. Facts Held The lending banks contended that under s.11(1) Local Government Act 1972 those swap transactions which were intended to replace or re-profile existing interest...

Summary No duty to disclose unless the statement is to be adduced in evidence at the trial. Facts Appeal by plaintiffs against refusal to order the defendants to serve on the plaintiffs' solicitors a report of expert evidence on an issue in the action. Held The reference in RSC O.38...

Summary Measure of damages is the value of the property irretrievably lost. Facts Appeal from the Court of Appeal of Hong Kong by defendants against decision awarding plaintiffs HK$ 28,632,425 being the value of converted shares less the value of replacement shares at the date of replacement. Held Reliance was placed...

Summary Application by trustees for directions for determination as to how surplus property & money of trustee company should be applied on winding up pension scheme where the original pension scheme had been replaced by a new non-contributory scheme and the court was asked to deal with nine questions set out...

Summary Proof of undue influence insufficient to justify setting transaction aside. Unless plaintiff can show manifest disadvantage, proof of undue influence alone insufficient to justify setting transaction aside. Wife's appeal as to bank mortgage dismissed.

Summary Court may remit award if there is a risk of injustice Discretion to remit an arbitrator's award by Arbitration Act 1950,s.22(1) was exercisable where risk of injustice existed. Even if the discretion was general, case references to the interests of justice could not be taken literally; deliberate choices, however...

Summary Bank not under a duty to ensure guarantors have independent advice. Facts Bank's appeal against dismissal of possession proceedings where judge had held that respondents' guarantee of a relative's company and mortgage of respondents' house had been induced by undue influence, as the respondents had no independent legal advice...

Summary Husband's disposition to defeat wife-bank not put on notice : Husband's disposition to bank to defeat wife not avoided as bank was not put on constructive notice Facts Although the doctrine of constructive notice might be applied to s.37(4) Matrimonial Causes Act 1973, where a husband had made a reviewable disposition...