Summary Where a master heard an application in 2017 for permission to continue a claim as a derivative action, CPR PD 19C had not required him to refer the application to a judge. The application to continue the claim as a derivative action had originally been made in 2006, before the Practice...

Summary In relation to a shipbuilding contract entered into by a Mexican buyer and governed by English law, a decree made in Mexico that the tender process leading to the contract was a nullity did not deprive an arbitrator who had determined a dispute in the seller's favour of substantive...

Summary Various owners and occupiers of land forming part of a former military aerodrome had not established a right of way, either by express or implied easement, prescription or lost modern grant, over a service road through part of the former aerodrome that had become an industrial estate. Facts The...

Summary Judgment debtors were refused an extension of time to make payments in instalments where they had failed to meet the first due date. They had been unable to sell assets, permission to appeal against the judgment had been refused, and the creditor was prejudiced by continuing to be denied...

Summary The court interpreted agreements by which a video games development company had agreed to accept funding from a loan company, secured by various charges. In particular, it determined that the funder had no security or other proprietary interest in monies in the company's bank accounts, derived from tax credits....

Summary In calculating marriage value for the purposes of determining the premium to be paid for the acquisition of a new lease under the Leasehold Reform, Housing and Urban Development Act 1993 Pt I, the Upper Tribunal had been entitled to have regard to real-world transactions in which the lease attracted...

Summary In determining the lawfulness of a loan and supplemental rescheduling agreements, the court considered allegations of fraudulent misrepresentation, duress, undue influence, and extortion under colour of due process. It also considered whether one lender's disclosure to another lender of the existence of the loan was a breach of the...

Summary When calculating damages for deceit, the measure of damages was the loss flowing directly from the claimant's reliance on the deceitful statement. However, the court did not always have to take the date of reliance as the starting point. Rigidity was to be eschewed and, depending on the facts,...

Summary Statutory interest payable by the administrators of LBIE to its creditors from the surplus in the administration under Rule 2.88(7) of the Insolvency Rules 1986 and Rule 14.23(7) of the Insolvency Rules 2016 is “yearly interest” for the purposes of section 874(1) of the Income Tax Act 2007 and its consequential tax deduction procedure. In...