Summary A loan agreement that gave the mortgagee an "absolute discretion" to require repayment on three months' notice was not subject to an implied term that it be exercised rationally in accordance with Braganza v BP Shipping Ltd [2015] UKSC 17. The fact that a duty of good faith arose by reason...

Summary Documents in client files held by the defendant solicitors in respect of a dissolved Cypriot company were protected by legal professional privilege where many years remained in which an application to restore the company to the register could be made. The policy considerations underlying the principle "once privileged, always...

Summary A worldwide freezing injunction obtained without notice was discharged for failure to comply with the duty of full and frank disclosure. In any event the claimants had failed to show a good arguable case against the defendants or a risk of dissipation. Facts The defendants applied for the discharge...

Summary The court discussed the circumstances in which fiduciary duties could arise in the context of a claim for breach of fiduciary duty arising from a dispute concerning plans to take advantage of a business opportunity to recover the assets of a deceased wealthy businessman. In particular, the court examined...

Summary When determining whether a registered charity's name was "too like" another registered charity's name for the purposes of the Charities Act 2011 s.42(2)(a)(ii), the words "too like" were to be given their ordinary meaning; that was a broad and open-ended meaning rather than one that focused entirely on...

Summary A solicitor instructed to deal with a client's claim under an accident, death and disablement insurance policy had not been under a duty to warn his client about his rights arising out of the same accident under a long-term disability insurance policy which was not covered by the retainer,...

Summary Where several leases covering a block of flats contained an absolute covenant requiring the lessees not to carry out certain actions, and a separate covenant requiring the landlord to enforce the absolute covenant at the request of any other lessee, the landlord would be in breach of the latter...

Summary A company which had contracted with a special purpose vehicle to provide advice regarding land acquisition and planning matters also had a fiduciary duty towards the SPV where the practical reality was that the SPV's directors had no expertise in those matters and were entirely dependent on the advice...

Summary By issuing and sending a letter of credit using the SWIFT network and form MT700, a party had indicated that it was the issuing bank. None of the letter of credit's terms indicated another party was the issuer or the wrong form had been used, and the party's disclaimers...