Summary Although there was a presumption that the value of a 90-day sale by mortgagees in possession would normally be lower than the open market value, the true answer always depended on the actual market conditions which prevailed at the time of valuation. Facts UCB Corporate Services' ('UCB') appeal from...

Summary The judge had no doubt that despite the way in which the tenants had underlet the premises, it would have been wrong to have deprived the tenants of a valuable asset. Relief from forfeiture was granted on the condition that the tenants obtained consent on future underleases. Facts Landlord's...

Summary Where a claimant and defendant both succeeded on their claim and counterclaim though the claimant was the overall winner, a judge could award the successful claimant his costs or a proportion thereof to reflect the issues which had been involved, but it was quite another thing for the claimant...

Summary A standard form agreement, which bore the hallmarks of a hire purchase agreement, was not converted into, nor was it to be construed as, a purchase agreement simply because it contained an option clause which entitled the option holder to acquire, for a wholly nominal consideration, goods for which...

Summary Grant of leave to the Secretary of State for Trade and Industry to apply for disqualification orders under s.6 Company Directors Disqualification Act 1986 notwithstanding that the two-year time limit for bringing such an application had expired. Facts Secretary of State for Trade and Industry's application for leave to apply...

Summary A notice to quit served by a landlord by pre-arrangement with the headtenant, and on the common understanding or agreement that the headtenant would not serve a counternotice, was effective at common law to determine both the headtenancy and any subtenancy held under it, and was not tantamount to...

Summary Where in disqualification proceedings under the Company Directors' Disqualification Act 1986 the question arose as to whether a company was operating a policy of non-payment of Crown debts the court should consider the treatment of other creditors and in the absence of cross-examination should accept the respondent's explanation where this...

Summary Despite an inapt clause in a lease which suggested, when read alone, that a tenant was not liable for contributing towards the maintenance charges for those common parts of a building which she was not entitled to use, the overall intention of the parties was clearly that the tenant...

Summary A debtor who caused a property purchased with his money to be transferred into a trust or settlement for the purposes of a tax avoidance scheme had successfully deprived himself of any beneficial interest in the property. Futhermore, a promissory note constituted "valuable consideration" for the purposes of s.23(1)...