Folds v Abrahart (2003)

Judgment Date: 18 Jul 03

Summary Construction of will; doctrine of conditional wills

Peter Shalson & Jean-Claude Mimran & Ors v Onofrio Russo & Ors (2003)

Judgment Date: 11 Jul 03

Summary A claim to trace money into a valuable motor yacht and a bank account failed where the interest was dependant on there being a fiduciary relationship sufficient to invoke equity's tracing ability and there was no justification for the suggested consolidation of a current account with a deposit account...

John Smith v Joseph Samuel Muscat (2003)

Judgment Date: 10 Jul 03

Summary A set-off of unliquidated damages for a previous lessor's breach of a repairing covenant was available to the lessee against a claim for rent arrears which had been assigned by the previous lessor to the claimant lessor. Facts Appeal under CPR 52.14 raising the point of principle as to whether...

Might SA v Redbus Interhouse PLC & Ors (2003)

Judgment Date: 09 Jul 03

Summary An application seeking an injunction that the respondents be restrained from chairing a meeting convened to consider a resolution for their removal from the board was dismissed, since it was not shown that it was impracticable to hold the meeting without the order sought. Facts Application by the claimant ...

Pennington v Harold Crampton & Ors (2003)

Judgment Date: 03 Jul 03

Summary The registration of shares in the name of a deceased shareholder's executors had not been a transfer that enabled existing shareholders to invoke a right of pre-emption contained in a specifically adopted provision in a company's articles of association. Facts Determination of various issues in relation to the effect...

Pennington v Waine (No.2) (2003)

Judgment Date: 03 Jul 03

Summary The registration of shares in the name of a deceased shareholder's executors had not been a transfer that enabled existing shareholders to invoke a right of pre-emption contained in a specifically adopted provision in a company's articles of association. Facts Determination of various issues in relation to the effect...

Arrow Nominees Ltd & Ors v Graham Blackledge & Ors (2003)

Judgment Date: 26 Jun 03

Summary A costs order would not be made against non-parties to a petition under s.459 Companies Act 1985 who had leant money to the petitioners, as they were pure funders and had no interest in the outcome of the litigation other than a hope of repayment of their loans. Facts Application...

Christopher Evans v SMG Television Ltd & Ors (2003)

Judgment Date: 26 Jun 03

Summary The claimant's breaches of his obligations under a radio presenter's agreement entitled a radio station to treat that agreement as discharged and also caused termination of an associated partnership agreement. The defendants were entitled to an inquiry as to consequential damages. Facts Trial of liability in an action by...

Christopher Gabrin v (1) Universal Music Operations Ltd (2) Jill Jewiss (2003)

Judgment Date: 17 Jun 03

Summary A photograph taken at a photo shoot had not been commissioned. The photographer owned the copyright in the photograph and was entitled to a remedy regarding the unauthorised use of that photograph by a record company. Facts Trial on the liability of the first defendant ('UM') for copyright infringement...