Summary The defendant's evidence that he and the claimant had orally agreed that the latter would not exercise an option in certain circumstances, which circumstances still prevailed, was sufficiently credible to preclude summary judgment being granted in favour of the claimant. Facts Claimant's ('M') application for summary judgment under CPR...

Summary An apparently incomplete gift was to be treated as completely constituted if, in the eyes of equity, it would be unconscionable to allow the donor to change his or her mind. An equitable assignment of shares by way of gift by the mere execution of a share transfer form,...

Summary The activities involved in operating an "open farm" on agricultural land used for dairy farming would give rise to a breach of a tenant's covenant to "use the holding for agricultural purposes only". The education of children and the public generally about agriculture and dairy or organic farming was...

Summary A tenant assignor sufficiently complied with Condition 8.3.4 of the Standard Conditions of Sale 3rd Edition if the landlord had in fact consented to the proposed assignment in correspondence, even though the tenant was unable to produce a licence to assign on completion. Facts Claimant's ('Aubergine') appeal from the decision...

Summary Fraudsters had incorporated a new company with the same name as the registered owner and then “sold” the land to a registered purchaser. It was held that the registered purchaser took subject to the “true owner’s” rights both generally and as such were, on the facts, overriding interests. ...

Summary Although the subject company had altered the form of its website so as to make clear the very limited value of the motor warranty it offered, its past conduct was such that it remained appropriate to wind it up on the grounds of public interest. Facts Petition by the...

Summary The fact that the requirements of the Lloyd's Bye-law (No.8 of 1988), the Agency Agreements Bye-law, had not been complied with did not have the result that the agreement between a managing agent and a Lloyd's Name to join a syndicate was void. Facts Appeal by the defendant Lloyd's Name ...

Summary Where an innocent defendant had been joined in an action solely for the purpose of providing information concerning the wrongdoing of other defendants, that defendant should be released when the relief sought had been achieved. In principle, it was wrong to keep a party joined in an action in...

Summary A shareholder could not sue where his pleaded losses were merely a reflection of the losses suffered by the company in which he had an interest. Facts Appeal in respect of two consolidated claims by the claimants ('E') for damages for alleged fraudulent and/or negligent misrepresentation by a...