Roy Phelps v Spon-Smith & Co (1999)

Judgment Date: 15 Nov 99

Summary The claimant had an arguable case that a chose in action had been equitably assigned to him by his trustee in bankruptcy. A subsequent bankruptcy adjudication did not revest that chose of action in the trustee. Causes of action pleaded in the statement of claim which went beyond those...

Solicitors’ Indemnity Fund Ltd v John Paul (1999)

Judgment Date: 11 Nov 99

Summary On the available evidence before the court, the judge was wrong to enter summary judgment in favour of the claimant, since it had been shown that the defendant had a real prospect of successfully defending the claim brought against him. Facts Defendant's appeal from the order of HH Judge...

Yelland v Chaffin-Laird (1999)

Judgment Date: 28 Oct 99

Summary Appropriate orders as to costs arising out of the collapse of three applications centring upon the "extraordinary" circumstances in which a debtor came to propose a new voluntary arrangement within months of completing a previous one: nominee's liability arising out of his failure to exercise a proper and critical...

South Wales Electricity Plc v Director General of Electricity Supply (1999)

Judgment Date: 22 Oct 99

Summary Under the Electricity Act 1989, an electricity supplier was not authorised to use its prepayment meters to collect water charges. Facts Application for a declaration that running an electricity and water prepayment scheme was within the claimant's statutory powers. The claimant ('Swalec') was a licensed public electricity supplier ('PES') under...

Harold Percy Chaffe v Michael Kingsley (1999)

Judgment Date: 21 Oct 99

Summary A common intention to reserve a right of some kind which was unspecific as to the precise nature and extent of that right could not found a case for the implication of the reservation. Facts Defendant's appeal from the order of HH Judge Maddocks made on 18 July 1997 dismissing the...

Capper v West Midlands Rent Assessment Committee

Judgment Date: 14 Oct 99

Summary Appeal against decision of Rent Assessment Committee; failure to adhere to time limits; impact of delay.

Re: Blenheim Leisure (Restaurants) Limited (No.2) (1999)

Judgment Date: 08 Oct 99

Summary The court had power to impose conditions on the restoration of a company when exercising its jurisdiction under s.653 Companies Act 1985. However the imposition of conditions was not to be regarded as an opportunity for parties who were neither the company concerned or the Company Registrar to obtain benefits...

Peter John Browne v Mark Goldberg (1999)

Judgment Date: 07 Oct 99

Summary Claimant had equitable interest in property assigned in course of business transaction. Facts The claimant ('B') sought to establish that a trust had been created in the Holwood House Estate ('the Estate'), which he had assigned to the defendant ('G') personally in order that G should be able to...

Re: Blenheim Leisure (Restaurants) Ltd (1999)

Judgment Date: 07 Oct 99

Summary Where a company had been struck off the register of companies, once an applicant could establish that a company had some real prospect of being valuable then, save in a very unusual case, the right course would be to restore the company to the register and let any other...