Summary Amendments after expiry of the limitation period alleging intentional wrongdoing ie fraud, where previously only negligence had been alleged, constituted the introduction of a new cause of action and were statute-barred by the Limitation Act 1980. Facts Conjoined appeals from judgments of Chadwick J and Timothy Lloyd J respectively sitting...

Summary Where a tenant's notice to determine a lease specified the wrong date, but it would have been clear to a reasonable recipient of the notice what the intended date should have been, then the notice was effective to determine the lease. Facts Appeal from Rattee J sitting as a...

Summary Solicitor acting for mortgagee in a re-mortgage has a duty to ensure that it is properly signed by each of the borrowers. Facts Appeal and cross-appeal from Lloyd J sitting in the Chancery Division on findings in third party proceedings. The plaintiff and her husband ('the borrowers') jointly owned...

Summary Whether directors involved in collapse of Atlantic Computers plc and British & Commonwealth Holdings plc should be disqualified under s.8 Company Directors Disqualification Act 1986. Facts Atlantic Computers plc ('ACP'), a computer leasing company, was bought by British & Commonwealth Holdings plc ('B&C') for #408 million on 1 September 1988. In April 1989 Atlantic was...

Summary A party who brings about a reduction in the indebtedness to a creditor of a debtor by refinancing and payment of a sum to the creditor is entitled to recover that sum from the creditor on the principle that otherwise there will have been an unjust enrichment of the...