Summary A High Court claim for delivery up of documents pertaining to a property management agreement was struck out where the claimant had counterclaimed for essentially the same remedy in respect of the same dispute in ongoing county court proceedings brought by the defendant, in which discovery was imminent. The...

Summary Contractual estoppel and non-reliance clauses were not immune from scrutiny under the Misrepresentation Act 1967 s.3. Such clauses could not prevent liability arising if they failed to satisfy the reasonableness test under the Unfair Contract Terms Act 1977 s.11(1). Accordingly, a landlord was not permitted to rely on a clause in...

Summary Trade mark owners who obtained website-blocking injunctions against internet service providers who were innocent conduits in relation to infringing activity carried out on websites to which they provided access, were required to indemnify the internet service providers against the costs of complying with the injunctions. Facts Five internet service...

Summary The parties to a conditional contract for the sale of land which provided for the fixing of a valuation date had reached an agreement as to that date and the valuer appointed under the contract had been wrong to depart from that agreement. Facts The claimant sought an order...

Summary Where a company owner died intestate and his estranged wife and daughter moved into a flat registered to the company, they did not acquire rights of occupation, ownership or adverse possession to prevent the flat being recovered as a company asset when the company was placed into liquidation nine...

Summary The court refused to discharge or vary a freezing order imposed on a judgment debtor to protect a petitioner pending its enforcement of the debt. The debtor had not taken steps to realise its assets in order to satisfy the debt and charging orders held by the petitioner over...

Summary In proceedings under the Insolvency Act 1986 s.423 for the recovery of a sum paid as a gift by a former banker to his son, the fact that the banker was aware at the time of the transaction that he was facing claims against his assets did not compel a...

Summary A company director who had been sued for legal fees incurred by his company and had been found personally liable to pay those fees, but had then brought a claim in negligence against the solicitors' firm should have raised his complaints about the firm in his defence and counterclaim...

Summary The court ruled on costs after dismissing fraud and negligence claims brought by a company in liquidation. The costs of most of the defendants should be paid on the indemnity basis, the claims against them having been speculative, weak and in large part opportunistic. Facts The court ruled on...