Summary On a mortgagee's application for an order for sale, s.15 Trusts of Land and Appointment of Trustees Act 1996 specified the factors to be considered by the court in the exercise of its discretion. Accordingly, the interests of secured creditors were just one factor to be considered; such interests were...

Summary A creditor who held disputed security from a debtor was not under a duty to give notice to the debtor's surety before the creditor entered into a compromise agreement with the debtor whereunder some of the alleged security was surrendered to the debtor, even where debtor and creditor were...

Summary Although there was a presumption that the value of a 90-day sale by mortgagees in possession would normally be lower than the open market value, the true answer always depended on the actual market conditions which prevailed at the time of valuation. Facts UCB Corporate Services' ('UCB') appeal from...

Summary The judge had no doubt that despite the way in which the tenants had underlet the premises, it would have been wrong to have deprived the tenants of a valuable asset. Relief from forfeiture was granted on the condition that the tenants obtained consent on future underleases. Facts Landlord's...

Summary Where a claimant and defendant both succeeded on their claim and counterclaim though the claimant was the overall winner, a judge could award the successful claimant his costs or a proportion thereof to reflect the issues which had been involved, but it was quite another thing for the claimant...

Summary A standard form agreement, which bore the hallmarks of a hire purchase agreement, was not converted into, nor was it to be construed as, a purchase agreement simply because it contained an option clause which entitled the option holder to acquire, for a wholly nominal consideration, goods for which...

Summary Grant of leave to the Secretary of State for Trade and Industry to apply for disqualification orders under s.6 Company Directors Disqualification Act 1986 notwithstanding that the two-year time limit for bringing such an application had expired. Facts Secretary of State for Trade and Industry's application for leave to apply...

Summary A notice to quit served by a landlord by pre-arrangement with the headtenant, and on the common understanding or agreement that the headtenant would not serve a counternotice, was effective at common law to determine both the headtenancy and any subtenancy held under it, and was not tantamount to...

Summary Where in disqualification proceedings under the Company Directors' Disqualification Act 1986 the question arose as to whether a company was operating a policy of non-payment of Crown debts the court should consider the treatment of other creditors and in the absence of cross-examination should accept the respondent's explanation where this...