Summary Where the defendants had exercised control over three companies in an area of corporate affairs as critical as the application of trading income and the payment of trade creditors, they had been directors or shadow directors, and their conduct in trading to the detriment of creditors and failing to...

Summary A judge should have declined to decide as preliminary issues questions that ultimately involved issues of fact and not law, since his conclusion could only have been reached on the assumption that all the facts alleged and no others were established at trial. The judge had been wrong in...

Summary An incorporeal hereditament, such as the right to use a parking space, could constitute premises for the purposes of the Landlord and Tenant Act 1954 s.23 . In order to occupy premises for the purposes of s.23 a tenant did not have to be physically present in the premises if he...

Summary The parties had not reached a oral agreement providing one party with an extension of time by which to deliver an environmental report. Even if there had been an oral agreement, the court would have been bound to declare that no agreement had actually been concluded as the parties...

Summary In seeking an order that the appellant should be disqualified from acting as a company director, the secretary of state had been entitled to rely on his failure to cooperate with the Financial Services Authority and the Official Receiver. Facts The appellant (G) appealed against an order disqualifying him...

Summary A claim to certain shares on the basis that they were held on a constructive trust was statute-barred because the shares had come into existence only as a result of the transaction impeached, so that the constructive trust alleged was not of a kind that fell within the exception...

Summary The Covent Garden Market Act 1961 s.18(1)(f) was wide enough to permit the secretary of state to consent to the Covent Garden Market Authority carrying on, or granting leases which allowed to be carried on, activities unconnected with the sale of horticultural produce. Facts The secretary of state and...

Summary A rent review notice was valid and had been properly served by being left at the demised premises. Petition by the claimants for leave to appeal from the decision of the Court of Appeal [2005] EWCA Civ 302 Facts The claimant lessor (W) sought declarations concerning the validity of a rent...

Summary The effect of a Tomlin order settling possession proceedings was not just to create an estoppel limited to the legal conclusion that the tenant was a statutory tenant at that date but to create an estoppel as to the essential facts and circumstances underlying the agreement made at that...