Summary In relation to a property which had been bought in the joint names of the first and second defendants, the first defendant had established the existence of a constructive trust under which she owned an 80% beneficial interest in the property. Facts The first defendant (D1) sought a determination of...

Summary There was no evidence that a bank which had made loans and given overdraft facilities to a farmer had agreed not to enforce legal charges securing his indebtedness unless he had had a reasonable period within which to sell the assets. There was no unfair relationship between the bank...

Summary There was no blanket rule in disciplinary proceedings that the Solicitors Disciplinary Tribunal was bound to exercise its discretion to strike a solicitor off the roll of solicitors because it had found that he had dishonestly misled a court in civil litigation. However, misconduct that involved such behaviour was...

Summary Proposals to settle a number of inter-company claims in the Lehman Brothers group administration were approved where the outcome would be to expedite the distribution to unsecured creditors without any reserve having to be made for future contribution claims. Moreover, the administrator of each company had been able to...

Summary The Supreme Court set out the factors to be considered when determining whether a company's appeal would be stifled by its inability to comply with a condition to pay a sum into court. The making of such an order for a company without assets could not be justified by...

Summary Summary judgment was not granted on an insolvent company's claim that its directors had caused its insolvency by dishonestly distributing the share capital of one of its subsidiaries where they had a real prospect of successfully defending the claim. Further, it was possible that the directors were entitled to...

Summary A judge's decision to stay private criminal proceedings as an abuse of process could not stand where there was an error of law and principle in her approach in reaching the decision she reached, and in consequence her ruling was one which it was not reasonable for her to...

Summary Permission to bring committal proceedings against a director of two companies was refused as the proceedings would not serve the public interest; there was a risk that the applicant, who was a judgment creditor of the companies, was trying to pressurise the director into paying a debt he was...