Summary A court could not order a defendant to make a payment into court under r.25.1(1)(l) Civil Procedure Rules 1998 SI 1998/3132 because the debt alleged to be owed to the claimant did not constitute a "specified fund" within the meaning of that rule. Facts Application by the defendant ('D') to...

Summary Where a landlord gave the tenant written notice refusing consent to assign a lease, which brought to an end the reasonable time permitted under s.1(3) Landlord and Tenant Act 1988 to respond to the tenant's application, the landlord could not assert that the reasonable time had not elapsed. The landlord...

Summary The fact that counsel had referred to instructions in her opinion did not make those instructions discloseable. Facts Defendant and Part 20 claimant's appeal from the decision of Lightman J dated 30 May 2002. The appellant argued as follows: (i) the judge was wrong to strike out the asserted implied term that...

Summary Payment by a target company of the fees of accountants retained by the purchaser to prepare a long form report amounted to unlawful financial assistance within s.151 Companies Act 1985. Facts Defendant's ('SWP') appeal from that part of an order of Davis J dated 26 April 2002 by which he dismissed SWP's...

Summary The Registrar had been entitled to refuse an application for an adjournment of directors disqualification proceedings and to conclude that the appellant had been a director of the subject company at the material time. Facts Appeal by the claimant ('F') from a decision of Register Baister by which he...

Summary A house and a mews flat linked by a basement and a door were not a single "house" for the purposes of s.1(1) Leasehold Reform Act 1967. Facts Appeal by the respondent landlord from a decision of the Court of Appeal by which it allowed an appeal by the applicant...

Summary In sanctioning the commencement of proceedings for breach of equitable and/or fiduciary duty against a court-appointed receiver of a partnership business, the court would only permit the proposed claimant to pursue those losses suffered by him in his capacity as a partner, and not as a disappointed purchaser,...

Summary In sanctioning the commencement of proceedings for breach of equitable and/or fiduciary duty against a court-appointed receiver of a partnership business, the court would only permit the proposed claimant to pursue those losses suffered by him in his capacity as a partner, and not as a disappointed purchaser,...

Summary Putting pressure on a tenant to sell a lease back was not a good ground for the landlord to withhold consent to alterations to leasehold property. Facts Applications by the tenant ('T') for a declaration that the defendant landlord ('D') had unreasonably withheld its consent to proposed alterations to...