Summary A right-to-manage company's failure to give consent to the assignment of a lease did not amount to an unreasonable withholding of consent within the meaning of the Landlord and Tenant Act 1988 s.1 where it had not complied with its obligation under the Commonhold and Leasehold Reform Act 2002 s.98(4) to...
Summary The court struck out a claim by a group of companies that a bank and accountancy firm had purported to support the group through its financial problems but instead conspired to engineer the group's early repayment of its outstanding loan facility where the available evidence did not support the...
Summary There was no reason to apply any special principles of interpretation to a shareholders' agreement which provided for a right of first refusal in the event of a disposal of shares by one of the investors, notwithstanding that the terms of the agreement in relation to the rights attached...
Summary The court considered the proper approach to determining liability for costs where parties had reached a compromise. In particular, in a breach of trust claim where accounts and inquiries had been ordered against the defaulting trustees, the starting point was that the trustees would be ordered to pay the...
Summary There were considerable difficulties in the way of a sole trader creating a trust of a share of his business, but even if it was possible the documents relied on in the instant case did not disclose the necessary intention to create a trust and properly construed imposed merely...
Summary An application to continue an injunction preventing the enforcement of a US court order requiring a company director to disclose documents and provide deposition evidence was refused in circumstances where the court did not have a legitimate interest in policing an attempt to obtain documents for use in foreign...
Summary The court refused a bankrupt's application for permission to bring a claim against his trustee in bankruptcy pursuant to the Insolvency Act 1986 s.304, where there was no reasonably meritorious cause of action and where the proposed application raised issues which had already been decided against the bankrupt in an...
Summary The Solicitors Disciplinary Tribunal had been justified in suspending a solicitor for two years for professional misconduct, but had erred in imposing continuing restrictions on his practice for an indefinite period. It had not provided reasons why the restrictions were necessary and appropriate and had not heard submissions from...
8 Day trial of unfair prejudice petition and related case concerning the rights to the intellectual property in computer code essential for the company’s products.