Summary There was no blanket rule that, when considering a litigant's ability to participate effectively in proceedings, judges had to ignore what they saw and heard in court and be guided only by medical evidence. Judges were entitled to form their own views and were not bound by expert evidence,...

Summary The High Court concluded that it did not have jurisdiction to hear claims by three companies against their chief executive officer and chief financial officer, because the claims were matters relating to individual contracts of employment under the Lugano Convention 2007 s.5 and the defendants were not domiciled in the...

Summary The Court of Appeal gave guidance on the procedure to be followed by parties wishing to seek permission from a lower court to appeal to an appeal court. Facts The applicant applied for an extension of time to seek permission to appeal against a decision made in a succession...

Summary Applications under the Insolvency Act 1986 s.423 to set aside a transfer of property were not struck out as an abuse of process where they had been brought subsequent to the determination of the issue of the validity of the transfer. The question of validity was separate from the issue...

Summary Ahead of a breach of contract claim, it would be disproportionate to grant the defendants a Norwich Pharmacal order that the claimants disclose the source of documents in their possession that were potentially covered by the defendants' legal professional privilege. Given that it appeared that the parties had regularly...

Summary The claimants were entitled to summary judgment on invoices for goods supplied where the defendant had failed to show any realistic prospect of defending the claim on the basis that the goods supplied were deficient in quality, thereby giving rise to a cross-claim. Facts The claimants applied for summary...

Summary A lessee and occupiers of a flat were liable in nuisance for noise caused to the occupiers of the flat below where the flooring of the upper flat was inadequate to prevent significant noise transmission. The lessee was also in breach of covenant under the lease for failing to...

Summary Whether premises comprised a "flat" within the Leasehold Reform, Housing and Urban Development Act 1993 s.101 depended on whether they had been constructed or adapted for use for the purposes of a dwelling. The test was not whether the premises had reached such an extent of fitting out, or remained...

Summary The court commented on the proper construction of CPR r.12.3(1), which provided for the claimant to obtain judgment in default of acknowledgment of service if certain conditions were met. The meaning of r.12.3(1) had been the subject of conflicting first-instance decisions, and it was to be hoped that the...