Summary In a negligence claim against accountants arising from the recommendation of tax-avoidance schemes in 2001 and 2003, it would not be appropriate, subject to one exception, to allow the claimants to amend the particulars of claim. The new allegations represented new claims and did not arise out of the same or...

Summary An amendment to a claim brought under the Civil Code (Georgia) art.992 introduced a new allegation of unlawful conduct through personal dishonesty. The unlawfulness originally pleaded did not involve personal dishonesty, so, for the purposes of the Limitation Act 1980 s.35, the amendment constituted a new cause of action that...

Summary The court ruled on the proper interpretation of a rent review clause which provided for the rent to be reviewed by reference to the Retail Prices Index rather than by reference to market rents. Facts The court was asked to rule on the proper interpretation of a rent review...

Summary A share option agreement between a Hong Kong toy manufacturer and a UK distributor was expressed to be conditional upon the distribution arrangements between the parties continuing up to the date on which the option was exercised. The manufacturer's action in rescinding the distributor's invitation to a toy fair...

Summary An oral agreement for the sale of land was held to be enforceable in equity under a constructive trust despite not being evidenced in writing where both parties had considered it to be immediately binding upon them, and where the prospective buyer had then acted to his detriment in...

Summary The court considered the circumstances in which a defendant who had withdrawn a security for costs application might be entitled to make a second application without giving rise to abuse of process. It also indicated that where a security for costs application was withdrawn by consent, a defendant did...

Summary If members of a company amended its articles of association by special resolution, but filed an incorrect version of the articles at Companies House, that did not affect the validity of the amended articles. Their status did not depend on registration. Facts The claimant challenged the exercise of pre-emption...

Summary In a possession claim relating to a shack in which adverse possession was raised as a defence, the first-instance judge had been entitled to find that the defendant had occupied the shack with the claimant owners' permission, so that adverse possession did not apply. Facts The appellants appealed against...

Summary The tribunal ordered the modification of a covenant not to build on a plot of land on which a developer, in knowing breach of the covenant, had built an affordable housing development. Notwithstanding that the adjoining land benefiting from the covenant was intended for use as a children's hospice...