Summary Despite an inapt clause in a lease which suggested, when read alone, that a tenant was not liable for contributing towards the maintenance charges for those common parts of a building which she was not entitled to use, the overall intention of the parties was clearly that the tenant...

Summary A debtor who caused a property purchased with his money to be transferred into a trust or settlement for the purposes of a tax avoidance scheme had successfully deprived himself of any beneficial interest in the property. Futhermore, a promissory note constituted "valuable consideration" for the purposes of s.23(1)...

Summary A new trial was refused to a defendant who had been refused an adjournment and had had to conduct his case in person. Where a wife sought to set aside a mortgage on the grounds of undue influence, the issues were: (i) the meaning of "manifest disadvantage"; and (ii)...

Summary This was an appeal from the decision of David Donaldson QC sitting as a Deputy Judge of the Chancery Division between the appellant, and its landlord, Gloucester City Council . Facts appeal raised two questions: (i) Whether (a), as the council contended, the covenant in cl.2(iii)(a) "to complete...

Summary Whether provision in the Lloyd's settlement agreement that underwriting members who did not pay their reduced liabilities in full by a certain date would be liable for their full liabilities was in the nature of an unenforceable penalty or constituted a provision for forfeiture. Facts These were two sets...

Summary Unconditional leave was granted to defend a claim for knowing receipt of sums subject to a constructive trust and/or knowing assistance in respect of the disposal of such sums, as the evidence was insufficient to support a summary decision. Facts Interlocutory appeal by the second defendant ('D') against...

Summary Unconditional leave was granted to defend a claim for knowing receipt of sums subject to a constructive trust and/or knowing assistance in respect of the disposal of such sums, as the evidence was insufficient to support a summary decision. Facts Interlocutory appeal by the second defendant ('D') against...

Summary Appeal from an order of Master Bowles of 2 July 1999 where the claim against the fifth defendant, the Chief Land Registrar ('the registrar'), was struck out. Facts The proceedings were against the claimant's former wife, her lover, his brother ('the third defendant'), a solicitor and the registrar. In 1981 the claimant,...

Summary Considers the basis on which judges could or should disqualify themselves from sitting on grounds of bias and the issues concerning judges who were solicitors, authors and non-executive directors of family companies. The court would regard as undesirable any extension of the present rule on automatic disqualification beyond the...