Summary An application was granted to use part of the transcript of a pre-trial cross-examination of a defendant, which was subject to an undertaking as to its use, in an action for breach of contract, breach of trust and conspiracy. The use of the material was, however, restricted if the...

Summary An application to commit a newspaper publisher for breach of an undertaking to the court not to infringe a freelance photographer's copyright was refused as, although the publisher's actions had infringed copyright, the issue between the parties was not one which had featured in the actions leading to the...

Summary A judge had erred in finding, contrary to both parties' submissions, that a surveyor had not been retained at the date an application should have been made by his client to the Leasehold Valuation Tribunal in accordance with the Leasehold Reform, Housing and Urban Development Act 1993. Facts The appellant ...

Summary Certain zero coupon loan notes, which were issued on terms designed to satisfy the definition of a "relevant discounted security" within the provisions of the Finance Act 1996 Sch.13, did not meet those statutory requirements, purposively construed, since some of the terms had no practical reality and could therefore be...

Summary In the circumstances it was appropriate to impose a suspended committal order in respect of a contempt consisting of a large scale failure to produce documents in response to a court order. Facts The applicant bank (B) applied for the committal of the respondent (M) for failure to comply...

Summary It would rarely if ever be appropriate or expedient for the English court to assume jurisdiction under the Civil Jurisdiction and Judgments Act 1982 s.25 to grant interim relief in support of substantive proceedings abroad where the relevant defendants had no connection with the jurisdiction and the relevant assets were...

Summary An appeal against a notice to counteract a tax advantage obtained on the sale of shares to a qualifying employee share ownership trust was dismissed because the appellant failed to show that tax saving was not the main object of that sale. Facts The appellant businessman (G) appealed against...

Summary It was inappropriate for the English courts to assume jurisdiction of a claim and allow service outside of the jurisdiction where although it had been shown that there was a good arguable case that there was an agreement between the parties which was governed by English law the underlying...

Summary Where a company, pursuant to a promissory note, advanced a sum of $2 million for the purchase of a property that was subject to a first legal charge in favour of a bank and a clause in the note provided that the amount advanced would become repayable if the bank...