Summary Proposed amendments to the statement of claim by the claimant outside the applicable limitation periods were to be disallowed as they sought to raise new causes of action on different facts. Facts Defendant's appeal against the order of Master Moncaster allowing amendments to the claimant's statement of claim, the...

Summary Claims made on the basis of conspiracy, dishonest assistance, breach of director's duty, money had and received and knowing receipt in relation to alleged fraud on company controlled by Kuwaiti Investment Office. Facts The plaintiffs claimed against the defendants in relation to a series of complex transactions called 'Croesus',...

Summary Trustees were not entitled to apply part of the pension scheme monies in their hands towards the acquisition of indemnity insurance cover which would be for their exclusive benefit prior to a winding up and final distribution: monies applied from one part of the fund towards employer's contributions due...

Summary The fact that a director had caused an insolvent company to make a payment which was detrimental to the general body of creditors did not, in all the circumstances, justify a finding that the director was unfit. Facts Appeal by Daniel Baker ('B') from the decision of Deputy Registrar...

Summary Preliminary questions referred to the ECJ: whether Community law conferred on the tenant of licensed premises the right as against his landlord not to be subjected to a beer tie which, together with other such ties, infringed Art.85 EC Treaty, and assuming that the tenant had been damaged by...

Summary Plaintiffs' claim to benefit of prescriptive rights of way with or without vehicles over defendant's property successful only as to non-vehicular rights and only as to part of the allegedly servient tenement. Facts Plaintiffs' action for declaratory, injunctive and consequential relief arising out of the defendant's alleged interference with...

Summary Claimant was the beneficial owner of a half share in the proceeds of sale of a yacht based on the fact that the defendant expressly constituted himself a trustee of the yacht for both parties. Facts The claimant sought a declaration that she was the beneficial owner of a...

Summary On its proper construction, section (V)3 of the International Tennis Federation Tennis Anti-Doping Programme 1998 did not preclude the ITF from appealing the decision of the Appeal Committee, since that section clearly provided for any dispute arising out of any decision made by the Appeal Committee to be submitted to...