Summary The court refused to exercise its discretion to rescind winding-up orders made against two companies where the circumstances were not significantly different from those at the time the orders were made, and the court was not satisfied that it had been provided with all the material facts. Facts The...

Summary It was not appropriate to grant an interim injunction preventing a company from using various chattels of a hotel where the hotel operator had commenced proceedings for delivery up and restitutionary damages. There was a serious issue to be tried as to who had the better right to possession,...

Summary Where the provisions of a break clause in a commercial lease made it clear that service of a notice terminating the lease was only valid if it was served on the property management company, service of such a notice on the landlord alone was not effective. Facts The claimant...

Summary The court ordered disclosure of parts of a confidential settlement agreement made between a claimant and some of the defendants that were relevant to the outstanding issues in the proceedings between the claimant and the remaining defendants. Facts The applicants (X) applied for specific disclosure of a settlement agreement....

Summary A claimant who wished to enforce a right of way granted to it by virtue of a clause in an agreement under the Town and Country Planning Act 1990 s.106, was not entitled to a declaration as to the true construction of the clause. The grant of such a declaration...

Summary In order for a taxable person to be deprived of the right to deduct input tax it had to be shown that he knew or should have known that his transaction was connected with fraudulent evasion of VAT, and it was not sufficient to show that he knew or...

Summary It was arguable that a reversioner could sue upon a temporary nuisance before his reversion fell into possession where the nuisance caused injury to his reversion. Facts The court was required to determine two competing applications for summary judgment in a claim for nuisance and unpaid rent. The action...

Summary In deciding whether expenditure constituted "expenses of management" within the meaning of the Income and Corporation Taxes Act 1988 s.75(1), the expression "expenses of management" was to be treated as an ordinary expression which was incapable of detailed definition. The question was whether the expenditure positively, rather than by default,...

Summary The failure by a judge to give reasons for not granting a party relief from that party's non-compliance with an unless order and striking out his claim vitiated the judge's decision. Facts The appellant architect (V) appealed against a decision of a judge dismissing his appeal against an order...