Summary On the true interpretation of a building contract the provision of "level access" to retail units was included in the works as defined, and a certificate of practical completion given on the basis that such provision was not within the works was invalid; it was not within the authority...
Summary A partner who had been entrusted with the responsibility of protecting the firm by complying with the insuring provisions in a professional indemnity insurance was required to perform his duty with reasonable care and skill judged by an objective standard. Facts The court was required to determine issues in...
Summary An agreement to use best endeavours to recover certain funds by litigation or otherwise was not on the face of it an illegal contract since it did not require an unqualified person to act in contravention of the Solicitors Act 1974 s.22. Facts The appellant (L) appealed against a decision ((2008)...
Summary A judge had been entitled to find that a lease had been surrendered by the operation of the law on the basis that she had enough evidence and material before her to reach that decision. Facts The appellant landlord (X) appealed against a decision that it had accepted the...
Chancery Division, jurisdiction, administration and excise duty. Appeared as sole counsel for HMRC.
Summary A landlord was not permitted to enter tenanted commercial premises for the purpose of carrying out an "environmental survey" that involved drilling boreholes and taking samples. The lease entitled it to enter the premises for the purpose of making "surveys", but the proper interpretation of "survey" under the lease...
Summary The legislation relating to the assessment of compensation payable to former shareholders of Northern Rock plc following its nationalisation in February 2008 was not unfair or incompatible with their rights under the European Convention on Human Rights 1950 Protocol 1 art.1. Facts The claimants (S) applied for judicial review claiming that the...
Summary Regulation 44/2001 provided a basis of jurisdiction regardless of domicile in proceedings concerning the constitution or internal management of a company; injunctive relief was granted to maintain the status quo pending a final hearing where directors claimed that they had been removed and shares forfeited in contravention of the company's...
Summary Where the establishment of an offshore company had been paid for by two persons and it had been used for their joint business enterprise, the company's share certificates in bearer form delivered by the legal owner to one of them had belonged beneficially to both from the outset. Facts...