Summary The hearing was an appeal from a decision of Master Moncaster, giving summary judgment in favour of the Claimants. The key issue on the appeal was which of successive bare possessors of land was entitled to possession as against the other. The Claimants (who had been there first) relied...

Summary Although any penal or coercive element arising out of the first defendant's committal to prison was now spent, it would be inappropriate to permit his early release from prison in the light of his unwillingness to give promises of future cooperation on the form of undertakings. Facts Application by...

Summary A tenant was not able to show at the summary judgment stage that the landlord had no real prospect of defending a claim that it had unreasonably withheld its consent to alterations. It was not appropriate to stay those proceedings pending the outcome of judicial review proceedings in respect...

Summary The payment of money to the chairman of a trust's managment committee was not authorised under Liechtenstein law. Facts (1) The payments to T had been authorised by the terms of an instruction to that effect to the Trust's bank signed by T. The claimants had failed to establish on...

Summary Lloyd's Names had not proved fraudulent misrepresentation by Lloyd's because they had failed to prove that the relevant individuals at Lloyd's did not believe the representations to be true or that they knew or were reckless as to whether they were true or untrue. There had been no procedural...

Summary Where a caution against dealings was registered in accordance with the proviso to s.54(1) Land Registration Act 1925, it was inappropriate to enquire whether the Land Registrar had given a valid or proper consent to the registration. The fact of registration was sufficient proof of his consent. Facts Appeal by...

Summary Whether commercial tenant had right of access to his demised property over landlord's property when landlord had failed to obtain a right of access to the demise.

Summary Where, under s.71(3) Solicitors Act 1974, a beneficiary sought an assessment of costs charged to an estate, the court should treat the lapse of 12 months since payment of those costs before the beneficiary's application as a factor to be considered in exercising its discretion rather than an absolute bar to...

Summary It was reasonable for a landlord to require that an intending guarantor of a proposed assignee should provide references that spoke of his ability to meet all his contingent liabilities and not merely those liabilities that would arise under the lease; and that three guarantors should be provided. Facts...