Aubergine Enterprises Ltd v Lakewood International Ltd (2002)

Judgment Date: 25 Feb 02

Summary A tenant assignor sufficiently complied with Condition 8.3.4 of the Standard Conditions of Sale 3rd Edition if the landlord had in fact consented to the proposed assignment in correspondence, even though the tenant was unable to produce a licence to assign on completion. Facts Claimant's ('Aubergine') appeal from the decision...

Malory Enterprises Limited v Cheshire Homes (UK) Limited

Judgment Date: 22 Feb 02

Summary Fraudsters had incorporated a new company with the same name as the registered owner and then “sold” the land to a registered purchaser. It was held that the registered purchaser took subject to the “true owner’s” rights both generally and as such were, on the facts, overriding interests. ...

In The Matter Of Equity & Provident Ltd (2002)

Judgment Date: 19 Feb 02

Summary Although the subject company had altered the form of its website so as to make clear the very limited value of the motor warranty it offered, its past conduct was such that it remained appropriate to wind it up on the grounds of public interest. Facts Petition by the...

P&B (Run-Off) Ltd v Margaret C Woolley (2002)

Judgment Date: 07 Feb 02

Summary The fact that the requirements of the Lloyd's Bye-law (No.8 of 1988), the Agency Agreements Bye-law, had not been complied with did not have the result that the agreement between a managing agent and a Lloyd's Name to join a syndicate was void. Facts Appeal by the defendant Lloyd's Name ...

Australia & New Zealand Banking Group Ltd v National Westminster Bank Plc & ors (2002)

Judgment Date: 06 Feb 02

Summary Where an innocent defendant had been joined in an action solely for the purpose of providing information concerning the wrongdoing of other defendants, that defendant should be released when the relief sought had been achieved. In principle, it was wrong to keep a party joined in an action in...

Norman Barry Ellis & David Clayton v Property Leeds (UK) Limited (2002)

Judgment Date: 31 Jan 02

Summary A shareholder could not sue where his pleaded losses were merely a reflection of the losses suffered by the company in which he had an interest. Facts Appeal in respect of two consolidated claims by the claimants ('E') for damages for alleged fraudulent and/or negligent misrepresentation by a...

Folkes Group plc v (1) Shirley Suzanne Alexander (2) Louis Roger Lucas (2002)

Judgment Date: 31 Jan 02

Summary Evidence of negotiations and subjective intention were not admissible when construing the meaning of an amendment to the articles of association of a company in line with the principles in Investors Compensation Scheme Ltd v West Bromwich Building Society (1998)] 1 WLR 896. Facts Application by the claimant, a quoted company listed...

China National Petroleum Corporation & Ors v Fenwick Elliott & Ors (2002)

Judgment Date: 31 Jan 02

Summary There was no clear evidence that the defendants had ever had in their possession any documents that were confidential to the claimants, nor was there any evidence that they or any of their witnesses knew of, or had participated in, any wrongdoing in relation to the circumstances in which...

Government of Sierra Leone v Edward Ormus Sharington Davenport & 6 ors (2002)

Judgment Date: 23 Jan 02

Summary The appeal regime in s.13 Administration of Justice Act 1960 had been superceded by CPR 52.3. The natural meaning of the expression "committal order" in CPR 52.3(1)(a)(i) was an order which committed a party to prison and therefore permission to appeal was required in this case. Facts Claimant's ('GSL') appeal...