Summary The court considered the judgment of the House of Lords in OBG Ltd v Allan (2007) UKHL 21, (2007) 2 WLR 920 and concluded that where a defendant not only acted to protect his own interests but did so in the belief that he had a lawful right to act as he did, the...

Summary The court considered the judgment of the House of Lords in OBG Ltd v Allan (2007) UKHL 21, (2007) 2 WLR 920 and concluded that where a defendant not only acted to protect his own interests but did so in the belief that he had a lawful right to act as he did, the...

Summary Reporting restrictions imposed at start of Commercial Court trial because of pending criminal trial were lifted by a permission order made on Michael Brown’s conviction. Facts The trial concerned civil claims arising from the bank fraud carried out by Michael Brown, the Liberal Democrat donor, who was convicted...

Summary Where an agreement required a warehouse operator to give credit for additional business it had secured in order to utilise spare capacity, that additional business, on the true interpretation of the agreement, did not include business conducted from an extension to the warehouse. Facts The court was required to...

Summary The claimant could not pursue claims in relation to a contract as an assignee where the terms of the contract prevented the assignment. Facts The applicant department (D) applied to strike out the claim of the respondent (R) and for summary judgment. During an outbreak of foot and mouth...

Summary In the circumstances a debenture holder did "take possession" of property subject to a charge which as created was a floating charge for the purposes of the Companies Act 1985 s.196. Facts The appellant bank (R) appealed against a decision ((2006) EWHC 2813 (Ch), (2007) Bus LR 474) on a preliminary issue in proceedings...

Summary To the extent that any particular expense of trustees was to be regarded as incurred for the benefit of the whole trust estate it had to be regarded as a capital expense for the purposes of the Income and Corporation Taxes Act 1988 s.686(2AA). The starting point was that...

Summary The judge had correctly exercised his discretion when making an order that the appellant should pay 75 per cent of the respondent's costs following an application for an injunction. Facts The appellant company (F) appealed against a decision ((2007) EWHC 828 (Ch)) that it pay the respondent company (T) 75 per cent of...

Summary There were sufficient indications in the wording of a guarantee of the borrower's obligations in a loan agreement to displace the strong presumption against giving the words "on demand" in a guarantee the effect of creating an independent primary obligation outside a banking context. Facts The appellants (V) appealed...