Summary Where claimants had deleted a claim by amendments to the particulars of claim, the claim was in substance discontinued and CPR r.38.6 applied so that the claimants were liable for the defendant's costs of the discontinued claim down to the date of discontinuance. Facts The applicants (R) applied for...

Summary The claimants had not established that the defendant had agreed to transfer half of his shareholding to another. Facts The claimants (S), who were three brothers, sought specific performance of an alleged agreement and the defendant (X) issued a petition under the Companies Act 1985 s.459. Retail businesses had been...

Summary In exercising the discretion under the Misrepresentation Act 1967 s.2(2) to award damages in lieu of rescission to a bank in respect of an agreement to waiver liability under guarantees, it was a necessary part of the judge's task to assess the prospects of the bank obtaining more, had the...

Summary Enforcement of a foreign currency judgment by means of a charging order did not require the judgment debt to be converted into sterling before enforcement was completed, and such orders did not offend any rules derived from Miliangos v George Frank (Textiles) Ltd [1976] AC 433 and the relevant Practice Directions....

Summary A bank owed a duty to an investment fund to exercise reasonable care to ensure that the advice it gave was sound and the nature and terms of the contracts governing the parties' relationships were not inconsistent with an assumption of responsibility by the bank to the fund for...

Summary The supervisory powers of the court under the Civil Procedure Rules were such that in an appropriate case a court could order cross-examination on an interlocutory basis. Facts The claimant company (W) applied for an order that the deponent of an affidavit (X) attend the court for cross-examination. The...

Summary Arbitration proceedings brought in the name of a non-existent company were not a nullity since the mistake was one of misnomer and the proceedings had been authorised or ratified by the company's successor. Facts The claimant (S) sought a declaration that the fourth defendant (AMB) was a party to...

Summary A seller of land had a duty as trustee to continue to perform lease covenants between the contract of sale and completion. However, where there was a lessor's covenant, and the actions of the seller could not lead to forfeiture of the interest that was the subject matter of...

Summary It was unconscionable for the appellants to claim a beneficial interest to commercial properties purchased under a joint venture between their predecessors and the respondents where the appellants had made no payments to keep the properties afloat, contrary to the aims of the venture, and had only shown interest...