Summary The "value clean" principle established in relation to the 1992 ISDA Master Agreement had not been preserved by the changes to the closing out provisions introduced by s.14 of the 2002 ISDA Master Agreement. The provisions of a side letter agreement entered into alongside certain Intercompany Transactions were therefore "material terms"...

Summary A bank's claim in debt under a facility agreement succeeded and it was entitled to possession of properties charged to secure the defendants' indebtedness under the facility. A no set-off clause in the facility excluded any counterclaims that the defendants might have had. Facts The claimant bank (D) brought...

Summary The court summarised the legal principles applicable to a situation where the landlord of a long lease claimed damages at the expiry of the lease for the cost of remedying dilapidations. The central issue was whether the repair covenants in a 35-year lease would have been met by delivering...

Summary It was just and convenient in the circumstances to continue a freezing order and permit a claimant to cross-examine the defendant on the disclosure it had given. The claimant had a good and arguable case, and there was the possibility that the defendant's assets would be dissipated if both...

Summary The court issued a blocking injunction requiring six internet service providers to block customers' access to three peer-to-peer file-sharing websites. The service providers knew that customers were using the services to download copyrighted sound recordings without permission, and a blocking injunction was proportionate in the circumstances. Facts The claimant...

Summary The redevelopment of a property had not been carried out during the course of a business in connection with the provision of dwellings so as to make the vendors liable to the purchasers for breach of their duty under the Defective Premises Act 1972 s.1(1). Facts The court was required...

Summary When determining the value of a freehold under the Leasehold Reform, Housing and Urban Development Act 1993 Sch.6 it was not right to apply a discount for legal uncertainty regarding the prospective exercise of rights by the freeholder under s.61. The true construction of the Act had to be determined...