Summary It was not an abuse of process for a company to rely in Canadian proceedings on documents disclosed pursuant to Bankers Trust orders made in the United Kingdom where it was not obvious at the time that proceedings would be commenced in Canada. Where the company had applied for...

Summary The court determined the appropriate form of relief to be granted following its finding that guidance issued by the Charity Commission regarding the public benefit requirement contained in the Charities Act 2006 s.2 and s.3 was wrong in law and obscure. Facts The court was required to determine the appropriate...

Summary The parties had intended the court to decide questions of construction of the terms of an option agreement upon which a rectification claim depended, despite the apparent width of a dispute resolution clause in the agreement which provided for any disagreement to be referred for determination by an expert....

Summary A judge had been entitled to allow a claimant to proceed against a defendant in respect of a limited number of allegations of contempt of court arising out of compliance with a freezing order and other ancillary orders, without requiring it to abandon other allegations of contempt which it...

Summary A substantial price difference between the sale price of a property and that of its immediate subsequent sale was sufficient evidence to justify permission for a breach of duty action against a receiver. Facts The appellant homeowner (G) appealed against an order refusing permission to continue an action for...

Summary A hotel owner had acquired a right of way by prescription over a private roadway, having openly used it without permission for over 20 years. The hotel owner was entitled to rely upon the use of the roadway by third parties, such as coach drivers, in its claim for a...

Summary It was appropriate to grant the Secretary of State for Business, Innovation and Skills permission to apply for disqualification orders against four company directors, pursuant to the Company Directors Disqualification Act 1986 s.7(2), after the two-year period from the company's insolvency had expired. The case alleged against the directors that...

Summary The defendant in a professional negligence action had not accepted that the claim form had been duly served or waived its entitlement to require its proper service. There were no exceptional circumstances sufficient to justify dispensing with service altogether under CPR r.6.16. Facts The appellant (B) appealed against a...

Summary The court determined certain issues relating to the interpretation of an indemnity clause in an investment and funding management agreement. Facts The court was required to determine certain issues relating to the interpretation of an investment and funding management agreement entered into by the defendant structured investment vehicle (D)....