Summary Failure to pay advance corporation tax did not carry a statutory liability to pay interest forever afterwards if the principal liability had been discharged or satisfied otherwise than by payment. Facts The appellant company (M) appealed against the decision ((2003) EWCA Civ 173) that the respondent Revenue was entitled to interest...

Summary It was clear that a firm of solicitors had held certain monies under a Quistclose trust and that therefore monies paid out of its client account for a purpose other than the stated purpose had been paid in breach of trust. Facts The claimant company (T) brought an action...

Summary The claimant company had not established an arguable case that one of its company directors had acted dishonestly in the sense of conscious impropriety by allegedly diverting a business opportunity away from it, when purchasing a development site on behalf of a third party. Consequently, interim injunctions constraining the...

Summary A transfer of property to the first respondent had not been set aside on the grounds of undue influence, misrepresentation or lack of capacity owing to the drunkenness of the appellant, since the evidence had not supported those findings, and solicitors acting for the latter during the transfer had...

Summary A person was in breach of contract where he had been involved in setting up and facilitating a bid for an insolvent company from a consortium, to whom he was bound by heads of terms, at the same time as he was involved in a rival bid. Facts The...

Summary In the circumstances, a defendant was entitled to the rectification of a reversionary sub-underlease to include words that had been omitted from the original underlease where the sub-underlease did not express the common continuing intention of the parties. Facts The claimant tenant (K) sought the construction of a break...

Summary It would be an improper exercise of a mortgagee's power of sale if no part of his motive for exercising that power was to recover the debt secured by the mortgage. However, if a mortgagee had mixed motives for exercising that power and one of the motives was to...

Summary The area to be included in the calculation of the net internal area of a building, as defined in the RICS Code of Measuring Practice, was the area that was capable of use for any sensible purpose in connection with the purposes for which the building was to be...