Summary A petition under ss.459-461 Companies Act 1985 was struck out and proceedings were found to be an abuse of process, resulting in indemnity costs. There had been no unfairly prejudicial conduct, nor were legitimate expectations relevant. Facts Emerson Electric Company ('E') applied to strike out a petition presented by...

Summary Effect of s. 2 of the Law of Property (Miscellaneous Provisions) Act 1989. Facts These two applications for summary judgment by the plaintiff were in two actions against different defendants but raised the same issues. The plaintiff, who had been a close friend of both sets of defendants, acted as solicitor...

Summary Plaintiff beneficiaries under a will claimed the trustees of the will had acted in breach of trust causing substantial losses to the estate. Trustees claiming that their actions were covered by an exemption clause in the will. Facts The plaintiffs were the wife and two children of John Bogg ...

Summary Whether maladministration correctly found against pension trustees and fund managers in case concerning pension transfer value. Facts The case concerned the pension arrangements of a Mr Bower, a member of the Digital Equipment Co Ltd (Digital) Pension Scheme, whose employment with Digital had terminated by reason of redundancy. The...

Summary Construction of a rent review clause in a lease which made reference to 'the land'. Whether rent was to be assessed in relation to the land or to the land together with buildings erected on it thereafter. Facts Plaintiff's appeal against the decision of HH Judge Boggis QC in...

Summary Facts Application under s.11(3)(a) Insolvency Act 1986 by Trident International Ltd ('Trident'), a freight forwarding and warehousing company for leave to enforce its security under a general lien over stock held for and on behalf of the two companies, wholly owned by Hamlet International plc ('Hamlet') in administration. The...