Summary There had been no requirement that a landlord make a demand for default interest due under a commercial lease for that debt to become due and payable by a tenant. In the circumstances, the tenant's failure to pay default interest invalidated a break notice as the debt had remained...

Summary A master had correctly concluded that a letter relating to the sale of freehold premises had not complied with the Law of Property (Miscellaneous Provisions) Act 1989 s.2 because it had not identified the purchaser and had failed to incorporate the obligation to purchase the property. Facts The appellant (F)...

Summary A Pension Reciprocation Plan incorporating a Maximising Pension Value Arrangement, whereby two pension schemes made reciprocal loans of funds to specific members of each other's schemes in order to facilitate access to pension capital prior to retirement, was invalid by virtue of the Finance Act 2004 s.173. The court explained...

Summary In assessing the retrospective market valuation of a property a valuation method which relied upon comparable sales evidence obtained from the Land Registry for the period immediately prior to the historical valuation was to be preferred to one which primarily relied upon the application of a price per square...

Summary Despite the existence of English jurisdiction clauses in loan agreements with two of the defendants, the appropriate forum for a claim by a Kazakhstan bank against its former controlling shareholders and others was Kazakhstan rather than England. Facts The defendants sought to set aside permission to serve proceedings out...

Summary It was not an abuse of process for a company to rely in Canadian proceedings on documents disclosed pursuant to Bankers Trust orders made in the United Kingdom where it was not obvious at the time that proceedings would be commenced in Canada. Where the company had applied for...

Summary The court determined the appropriate form of relief to be granted following its finding that guidance issued by the Charity Commission regarding the public benefit requirement contained in the Charities Act 2006 s.2 and s.3 was wrong in law and obscure. Facts The court was required to determine the appropriate...

Summary The parties had intended the court to decide questions of construction of the terms of an option agreement upon which a rectification claim depended, despite the apparent width of a dispute resolution clause in the agreement which provided for any disagreement to be referred for determination by an expert....

Summary A judge had been entitled to allow a claimant to proceed against a defendant in respect of a limited number of allegations of contempt of court arising out of compliance with a freezing order and other ancillary orders, without requiring it to abandon other allegations of contempt which it...