Summary In the circumstances the procedural deficiencies in a without notice application for a freezing injunction were such as to entitle the successful respondent to his costs on an indemnity basis. Facts The applicant liquidator (F) applied for a freezing injunction against the first respondent (S) and S applied for...

Summary An obligation owed by a lessee to a potential buyer of the freehold property to surrender its leasehold interest prior to the property being sold was rendered void by the Landlord and Tenant Act 1954 s.38(1). Facts The first appellant company (U) and the second appellant company (B) appealed against...

Summary The administration of justice required that there should be finality in litigation at an appropriate stage, and so an application under the CPR r.52.9(1)(c) was refused where it was made very late without a good explanation. Facts The applicant (H), which had been ordered to pay the costs...

Summary "Hope value" was not a permissible element in valuations under the Leasehold Reform, Housing and Urban Development Act 1993 Sch.6 or Sch.13 and should not be included in the price payable for collective enfranchisement or lease extensions. Facts The freeholders (C and W) appealed against the decision of the Lands...

Unfair Prejudice. Instructed as junior counsel.

Summary Liquidators had been entitled to postpone and later cancel the payment of dividends to creditors even though they had already declared those dividends and provided the cheques as, following the declaration, they had become aware of a pending application by another creditor. Facts The claimant company (L), as assignee...

Summary A claimant had not presented a bankruptcy petition maliciously where he had reasonable and probable cause due to a defendant's failure to repay a debt when he had made various promises to do so and despite the service of a statutory demand. Facts The defendant (V) in a debt...

Summary There was nothing as a matter of law or fairness that prevented a respondent in an appeal against a decision of the leasehold valuation tribunal from arguing for a premium payable for the grant of a new underlease which was higher than had originally been contended. Facts The appellant...

Summary A property development company was entitled to various heads of relief arising out of the payment of £1 million to the first defendant as a result of his fraudulent misrepresentations that it was a deposit that he would return if he did not procure for the company a contract for...