Summary The Individual Voluntary Arrangement Protocol was not intended to create mutual legal obligations, but that did not mean that the court could not exercise its discretion to grant relief in a dispute involving its interpretation. However, it would not be right for the court to pronounce formally on what...

Summary In interpleader proceedings it was determined that the obvious intention of the parties was that monies held pursuant to an undertaking in the client account of a firm of solicitors were held by the solicitors as trustee, to pay the monies out in accordance with the terms of the...

Summary A judge had been wrong to grant summary judgment on the basis a company had no prospect of successfully defending a claim that it had not used its best endeavours to release the claimants from personal guarantees in relation to a share purchase agreement. He was also wrong to...

Summary In interpleader proceedings it was determined that the obvious intention of the parties was that monies held pursuant to an undertaking in the client account of a firm of solicitors were held by the solicitors as trustee, to pay the monies out in accordance with the terms of the...

Summary The right to enfranchisement under the Leasehold Reform Act 1967 extended to buildings that were exclusively used for business purposes, provided the buildings amounted to a "house" within the meaning of s.2(1) of the Act. Facts The appellant landlords (L1 and L2) appealed against the courts' interpretation of "house" under...

Summary The evidence did not support a father's claim that he had been in partnership with his son in a courier business. Facts The claimant (R) claimed for a declaration against the first defendant (S), who was his son, and the second defendant company (T), that he and S together...

Summary The Standard Conditions of Sale (4th edition), applicable to residential conveyancing, did not at clause 1.5 operate to exclude subsales Facts The claimant purchaser (P) claimed for the return of a deposit paid on exchange of contracts for the purchase of a leasehold residential property from the defendant vendor (N)....

Summary A guarantor of obligations under a swap agreement securing the issue of floating notes was entitled to the reimbursement it claimed following the termination of the swap agreements. Where it was clear from consideration of all the relevant documents that a mistake had been made in the definition of ...

Summary A notice to terminate an underlease was invalid because it had been given by the parent company of the tenant and there was no evidence that the parent company had authority to act as agent on behalf of the tenant. Facts The claimant landlord (L) claimed for a declaration...