Summary For the purposes of the Limitation Act 1980 s.8, the date at which a building society's right to recover the shortfall of a mortgage advance from the mortgagors accrued was the date when the mortgagors defaulted in the monthly instalment payments. Facts The appellant mortgagors (W) appealed against a summary...

Summary The Lugano Convention 1988 Art.5 provided that the choice of forum to be exercised by a claimant was to be unfettered by court order. Facts The defendant bank (L) applied to stay all further proceedings on the ground that Switzerland was a more appropriate forum and it was not unjust...

Summary The nature of an assurance that formed the basis of a claim for proprietary estoppel would be implicitly qualified in ways that took account of events unforeseen and not expressly catered for by the parties at the time the assurance was made. Facts The appellant (R) appealed against the...

Summary A liquidator's application for relief on the grounds that a covenant by the company to make a substantial payment to compromise litigation arising out of a dispute over ownership of the company was a transaction at an undervalue was not dismissed at an interlocutory stage as there were real...

Bankruptcy, choses in action and assignment.

Summary The construction and/or use of part of a property as a roadway infringed a restrictive covenant contained in clause 2 of a conveyance which affected the property. Facts The appellants (M) appealed against a decision that the construction and use of a roadway would not infringe a restrictive covenant...

Summary The claimant widow (L) appealed against a decision refusing her applications for disclosure by the defendant (Y), half-brother of the deceased (D), a national of Saudi Arabia, of all the assets of D in his possession or control and to restrain Y from dealing with any asset that formed...

Summary While the appellant had been in breach of a tenant's covenant, he had not been afforded enough time to respond and remedy the breach. Four working days to respond to a notice under the Law of Property Act 1925 s.146 had not been a reasonable period. Facts The first defendant ...

Summary There had to be continuity on the part of the freeholder or, if the freehold was held on trust, on the part of the person having an interest under the trust, in order to satisfy the test of continuity of ownership in the Leasehold Reform, Housing and Urban Development...