Summary In a hearing to assess the costs to be paid by an unsuccessful defendant, where the evidence showed no sufficient reason to believe that the claimant had retained his solicitors under a contingency fee agreement, the costs judge was under no obligation to enquire into the terms of that...

Summary Where a defendant construction company had, in a joint venture, built flats whose misdescription had been substantial, the claimant purchasers had been entitled to rescind or to complete and seek an abatement, so the defendant had not been entitled to require completion and was in repudiatory breach of contract....

Summary A trustee had acted properly and reasonably on the advice of solicitors in commencing and pursuing litigation on a trust matter as the claims in the litigation had a reasonable prospect of success. Consequently, the trustee had not acted in breach of trust by paying monies out of the...

Summary It was proper to grant rectification of an agreement for an underlease where, because of a mutual mistake, the agreement had not given full effect to the mutual intention of the parties. Facts The applicant buyer (M) applied for the rectification of an agreement for an underlease between it...

Summary The acceptance by a landlord of monies apportioned and paid by a tenant in respect of outstanding rent debts meant that the landlord waived the right to forfeiture of a lease. Facts The appellant lessee (T) appealed against a decision that it had forfeited its lease on commercial premises....

Summary The obligation in a joint venture agreement on one party to procure that a loan was repaid by another party imposed an obligation on the first party to see to it that the second party repaid the loan or, in the event that the latter defaulted, to pay damages...

Summary The applicant company, which had applied to continue a freezing order granted against the respondent, had failed to satisfy the relatively high burden of establishing a real risk that the respondent would dissipate its assets. Facts The applicant (C) applied to continue a freezing injunction which had been granted...

Summary A blockage of windows for the entirety of the prescription period prevented a right to light through those windows being acquired on behalf of the dominant tenement. Facts The claimant company (T) applied for an injunction to prevent interference with its right to light in respect of four windows...