Summary In relation to the summoning of members to a shareholders' meeting to consider a scheme of arrangement, the Companies Act 2006 s.895 and s.896 had to be interpreted flexibly and consistently with the legislative intention to promote compromise. There was no injustice to a member waiving the right to participate...

Summary A son was entitled to his father's interest in a farm and farming business by virtue of a proprietary estoppel, since he had been promised that the farm and business would pass to him and had relied on those promises to his detriment. Facts The first defendant and Part 20...

Summary The court had no jurisdiction to permit service out of the jurisdiction for an application for a Norwich Pharmacal order. The order was not "interim relief" under CPR PD 6B para.3.1(5) as the respondent held information but was not the alleged wrongdoer. The relief sought against the respondent was...

Summary The High Court set aside a default judgment awarded against a businessman where a company claimed that he had failed to pay money due under a share purchase agreement, notwithstanding the Supreme Court had dismissed his appeal. Fresh evidence had arisen during the counterclaim concerning the company director's failure...

Summary The court considered the proper interpretation of an exoneration clause contained in a will to relieve trustees under trusts set out in the will of personal liability in respect of certain breaches of duty by them. Facts The appellants (B and G) appealed against the dismissal of their claim...

Summary Two film partnerships were carrying on a "trade, profession or business with a view to profit" pursuant to the Income Tax (Trading and Other Income) Act 2005 s.863(1) and the Corporation Tax Act 2009 s.1273(1) and so were entitled to claim for trading losses. However, the trading losses asserted had not...

Summary A director who had given a disqualification undertaking and asked the court to exercise its discretion under the Company Directors Disqualification Act 1986 s.8A to reduce the agreed period, or to order that the undertaking should cease to have effect, had to demonstrate special circumstances. Failure to take legal...

Summary A text message threat made during without prejudice negotiations ahead of a commercial trial for damages of over £132 million had not amounted to unambiguous impropriety and was therefore not admissible in evidence. The threat did not amount to an abuse of a privileged occasion; it was no more than...