Clarence Cafe (in administration) v Comchester Finance (1998)

Judgment Date: 03 Nov 98

Summary Whether, following the making of an administration order against a tenant, the landlord could lawfully, peaceably re-enter without the leave of the court and whether such a peaceable re-entry was either enforcement of security or legal process under s.11(c) or (d) Insolvency Act 1986. Facts The plaintiff sought to...

British & Commonwealth Holdings PLC (In Administration) v Barclays De Zoete Wedd Ltd

Judgment Date: 29 Oct 98

Summary Transcripts of interviews by DTI Inspectors should be disclosed to all parties in complex proceedings relating to the collapse of two companies on an application of the test in RSC O.24 r.13. ** Final judgment on issues reserved after preliminary hearing. Facts A number of summonses were before the court...

Lemmerbell Ltd v Britannia LAS Direct Ltd

Judgment Date: 08 Oct 98

Summary Appeal in an action to determine whether or not effective notice had been given under a break clause in two business leases, when the notice was mistakenly given by the wrong party. Facts Plaintiffs' appeal against a decision of Rattee J. Further evidence was permitted by agreement and showed...

Electricity Supply Nominees Ltd v The National Magazine Company Ltd (1998)

Judgment Date: 12 Aug 98

SummaryRack rents provided some evidence of the value of fully enjoyed occupation. Expert evidence would be admissible to prove the value of the occupation.FactsTrial of a preliminary issue on whether, assuming the truth of the allegations in the defendant's counterclaim, damages were recoverable on that basis. The property concerned...

Inntreprenuer Pub Co (CPC) Ltd v David Deans

Judgment Date: 07 Aug 98

Barclays Bank Plc v Martin (1998)

Judgment Date: 31 Jul 98

Summary mortgages - undue influence - professional negligence - application to adduce fresh evidence on appeal.

Seawind Tankers Corporation v Bayoil SA (1998)

Judgment Date: 31 Jul 98

Re: Greenhaven Motors (1998)

Judgment Date: 31 Jul 98

Summary On an application made under s.167(1)(a) Insolvency Act 1986 it is inappropriate for the court to embark on a detailed examination of the question whether a person wishing to be heard is a creditor or contributory. It is enough that the court should be satisfied that the claim is...

Maes Finance Ltd v Leftleys (1998)

Judgment Date: 27 Jul 98

Summary The judge was fully entitled, in the exercise of his discretion, to order five related actions against solicitors to be heard together and the defendant's contention that, should the actions be heard together, he would be left with the impression that he had not had a fair trial, was...