Summary The appellant landlord (L) appealed against a decision that a second counternotice served by the respondent tenant (T) satisfied s.29(2) Landlord and Tenant Act 1954. Facts The first counternotice, issued by T in response to L's notice under s.25 of the Act for termination of his business tenancy, erroneously stated...

Summary On an application by the claimant for summary judgment, where the defendant had admitted that it had no defence to the claim of copyright infringement, judgment had to be entered, even though the defendant had sought an adjournment. Facts The claimant (P) applied for summary judgment of its claim...

Summary Chancery Division - construction of clause in lease limiting liability of tenants - whether clause applying after forfeiture of lease

Summary The trustees of an 1866 trust deed were entitled to the proceeds of sale of part of the site of a school since the land had reverted to the successors in title of the grantor under s.2 School Sites Act 1841, because there had been a cessation of the purpose stipulated...

Summary Where a rent review clause provided that a landlord should apply within a reasonable time to the RICS for the nomination of an independent surveyor following failure to agree a rent and a suitable surveyor, time could only be made of the essence for such application once there had...

Summary The defendant Lloyd's name was validly served by service on the underwriting agency appointed by contract to accept service of English proceedings in respect of names domiciled abroad. Facts The defendant (T) applied to set aside service of a claim form on his appointed underwriting agent (U). The claimant ...

Summary Where a petition debt was bona fide disputed upon substantial grounds applications to make bankruptcy and winding up orders should be adjourned for a hearing before a tribunal. Facts Customs presented three bankruptcy petitions to wind up a company (JBW) under the Insolvent Partnerships Order 1994 and the respondent partners...

Summary Where a defendant had mounted a defence to trade mark infringement under Trade Marks Act 1994 s.12, it was inappropriate on a summary judgment application to conduct a mini-trial and reach a conclusion of fact that documents relied upon by the defendant were forged. Facts Claimants' (C) application under CPR...

Summary Application for relief pursuant to Insolvency Act 1986 s.112 for a declaration that a debenture created a fixed charge over a company's book debts and the proceeds thereof, and an order on the liquidators to account to the Bank in respect of them. Facts The respondent company (S) opened an...