Summary A district judge had not erred in refusing to set aside a statutory demand issued following a guarantor's failure to comply with his repayment obligations, as the guarantor had not demonstrated that there was a genuine issue to try. Facts The appellant (F) appealed against a decision of a...

Summary It was generally accepted practice that if a company could demonstrate that a debt on which a winding-up petition was founded was genuinely disputed on substantial grounds, the petition would be struck out. The extent to which the court should go to determine whether there was such a dispute...

Summary The evidence of a company director in disqualification proceedings, asserting his lack of knowledge of his company's involvement in VAT evasion, was struck out as an abuse of process. The VAT tribunal had previously found that the director had knowledge of the VAT evasion, and although there was an...

Summary In view of its very wide ambit, the test in Owners of the Sardinia Sulcis v Owners of the Al Tawwab [1991] 1 Lloyd's Rep. 201 as to whether it was possible to identify an intended claimant or defendant "by reference to a description which was more or less specific to the...

Summary The defendant landlord's consent to the grant of underleases of commercial land by the claimant tenant to the third-party motor company had been unreasonably withheld. Facts The claimant tenant (X) sought a declaration that the refusal of the defendant landlord (T) to consent to the sub-letting of a 42-acre...

Summary The court held that the obligation in an introducing broker agreement for the broker on termination to pay sums due on all accounts already introduced, covered accounts where, although the account had been opened during the IBA contract period, the customer had been first introduced by the introducing broker...

Summary A deed of variation which was designed to incorporate the terms of an overage agreement into a lease was not intended to vary a break clause in the lease by making its exercise dependent on a valuation of the property in question rather than a sale. Even if the...

Summary A bank was awarded indemnity costs orders against a litigant personally, and in his capacity as an administrator of his deceased mother's estate, on the basis that he had acted in breach of a warrant of authority in conducting litigation brought against the bank. Facts The applicant bank (B)...