Summary Transfers of property had not provided for the seller's positive covenants, concerning the grant of leases conditional on the obtaining of planning permission or on the exercise of an option, to be enforceable against the buyer. The covenants were not annexed to the property under the Landlord and Tenant ...

Summary The Court of Appeal reviewed the law applicable to secret profits made by fiduciaries in breach of duty, and considered whether a constructive trust arose in favour of the principal. Facts The appellant investors (F) appealed against a decision ([2011] EWHC 2999 (Ch)) concerning the appropriate remedy against the respondent agent ...

Summary A court declared that if Russian enforcement proceedings against a former bank chairman were to conclude that a pledge of shares by him as security in a business transaction had been perfected, then he was in breach of receivership and freezing orders and should use his best endeavours to...

Summary The court had an inherent jurisdiction to make a civil restraint order against a third party who was controlled by an individual who had persistently made totally without merit applications where that party, still under the individual's control, was either making or issuing, or threatening to make or issue,...

Summary There was sufficient evidence of a risk that an individual might dissipate assets in which his former partner claimed to have an interest to justify granting an interim freezing injunction without notice. However, since the evidence did not demonstrate that the individual had a general propensity to dissipate assets,...

Summary An order that a Kazakhstan law firm pay interim costs stayed on condition that it pay that sum into court immediately, otherwise its pending appeal would be stayed. It was also just for the firm to pay a sum into court as security for the respondents' costs of the...

Summary A court found that the last will and testament of a deceased had been executed as a result of the undue influence of a person whose children were the principal beneficiaries of that will and under which the deceased's step-children were largely disinherited. The court found in favour of...

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...