Summary A split trial had not been appropriate where a trial on one of two claims, in relation to the authenticity of a painting sold at auction, might not dispose of the action, the cost of two trials would be much greater and, if there were two trials, there was...

Summary Although there were advantages in restricting the constructive trust described in Banner Homes Holdings Ltd (formerly Banner Homes Group Plc) v Luff Developments Ltd (No2) (2000) Ch 372 to family home property disputes, the reasoning in that case was firmly based on a common intention constructive trust and it remained binding...

Summary Directors did not have to give their company notice of intention to appoint an administrator when the appointment would have immediate effect. Facts The applicants, being the administrators (L) of a company and its sole director (W), applied for a declaration that W's appointment of L as administrators had...

Summary A presumption against a later will impliedly revoking an earlier will was not rebutted where there was no logical or material inconsistency between the two wills. In the circumstances, an inheritance to beneficiaries under an earlier will was valid as the terms of the wills were otherwise consistent, although...

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...