Summary The principle in Prudential Assurance Co Ltd v Newman Industries (1982) Ch 204 would not operate to deprive a claimant of an otherwise good cause of action in a case where: (i) the claimant could establish that the defendant's conduct had constituted a breach of some legal duty owed to him...

Summary The tenant was in breach of repairing covenants and accordingly liable for damages subject to a cap imposed by s.18 Landlord and Tenant Act 1927. Facts Claim for damages for terminal dilapidations in respect of business premises ('the premises'). The claimant ('M') was the freehold owner of the premises, which...

Summary Although the trustees of an almshouse scheme had not invited representations from the applicant before setting aside her appointment as an almsperson, they had done just enough properly to inform themselves before making that decision. A decision of the Charity Commissioners in the exercise of their supervisory role was...

Summary The imposition on a reporting accountant of a duty of care owed to the Law Society, for whose purposes the accountant's report was required, was fair, just and reasonable. The report was intended to assist the Law Society in deciding whether and when to exercise its powers of intervention...

Summary A written agreement recording a reviewed rent which had been determined on the basis of a common mistake was to be rescinded, and the amount of any overpayment was recoverable as money had and received. However, interest on the amount overpaid was payable from the date when the claim...

Summary The negligent failure of a solicitor to advise the claimant as to the effect of a change of control article in the articles of association of a joint venture company had not caused the claimant any loss since the court was satisfied that, even given the correct advice, he...

Summary The adoption by the respondent company directors of a policy of deliberate non-payment of income tax, so that the company could continue to pay its trade creditors, was misconduct that constituted unfitness for the purposes of s.6 Company Directors Disqualification Act 1986. Facts Appeal by the Official Receiver from the...

Summary Where a director opposed a petition to wind up a company, and that opposition was withdrawn at a late stage, whether the director was entitled to his costs was a discretionary matter for the court which turned on the facts of the case in issue. Facts Petitions by the...

Summary Where a claimant had suffered loss by reason of an error on the land register and was entitled to an indemnity by virtue of s.83(2) Land Registration Act 1925 it was not appropriate to apply a "but for" test in considering whether the claimant's loss had been caused "wholly" as...