Mettoy Pension Trustees Ltd v Evans & Ors (1989)

Judgment Date: 12 Dec 89

Summary Application by trustees for directions for determination as to how surplus property & money of trustee company should be applied on winding up pension scheme where the original pension scheme had been replaced by a new non-contributory scheme and the court was asked to deal with nine questions set out...

Bank of Credit and Commerce International SA v Aboody (1989)

Judgment Date: 28 Oct 89

Summary Proof of undue influence insufficient to justify setting transaction aside. Unless plaintiff can show manifest disadvantage, proof of undue influence alone insufficient to justify setting transaction aside. Wife's appeal as to bank mortgage dismissed.

Harrison v Thompson & Or (1989)

Judgment Date: 28 Jul 89

Summary Court may remit award if there is a risk of injustice Discretion to remit an arbitrator's award by Arbitration Act 1950,s.22(1) was exercisable where risk of injustice existed. Even if the discretion was general, case references to the interests of justice could not be taken literally; deliberate choices, however...

Bank of Baroda v Shah & Anor (1988)

Judgment Date: 23 Mar 88

Summary Bank not under a duty to ensure guarantors have independent advice. Facts Bank's appeal against dismissal of possession proceedings where judge had held that respondents' guarantee of a relative's company and mortgage of respondents' house had been induced by undue influence, as the respondents had no independent legal advice...

Kemmis v Kemmis; Lazard Bros v Norah Holding (1988)

Judgment Date: 12 Feb 88

Summary Husband's disposition to defeat wife-bank not put on notice : Husband's disposition to bank to defeat wife not avoided as bank was not put on constructive notice Facts Although the doctrine of constructive notice might be applied to s.37(4) Matrimonial Causes Act 1973, where a husband had made a reviewable disposition...

Haarhaus & Co GmbH v Law Debenture Trust Corporation PLC & Ors (1988)

Judgment Date: 01 Jan 88

Summary Manner of voting not confidential : No duty of confidentiality. Facts The manner in which votes were cast for or against an extraordinary resolution at a meeting of creditors was not confidential vis-a-vis the principal debtors who were convenors of the meeting. Plaintiffs' application for injunctions against the defendants in...

TCB Ltd v Gray (1987)

Judgment Date: 07 Jul 87

Summary Signatory to power of attorney estopped from denying due sealing : Overridden by person dealing bona fide without notice : Estoppel as to denying deed sealed Facts Defendant's appeal dismissed where he had executed a limited form of guarantee of his company's debenture secured debt. His solicitor with his approval,amended...

Bowen-Jones v Bowen-Jones (1986)

Judgment Date: 07 May 86

Summary Indemnity basis costs taxation Facts As to principles on which costs should be awarded to successful party on an administration summons. Held Under RSC O.62 there were now a costs on the standard basis allowing a reasonable amount on all costs reasonably incurred b costs on the indemnity basis...

Sharma v Knight (1986)

Judgment Date: 27 Jan 86

Summary Process filed in court in the wrong district still valid Facts Appeal against refusal to adjudicate on application for a new tenancy under s.29(3) because application came before the court more than four months after the giving of the landlord's notice under s.25 LTA 1954. In fact tenant's notice had...