Aldi Stores Ltd v Holmes Buildings Plc & Ors (2003)

Judgment Date: 01 Dec 03

Summary The Part 20 claimant's procedural error did not amount to an abuse of process so there were no grounds for refusing it permission to amend its pleadings. Facts CPR Part 20 claimant's ('H') appeal from the order of HH Judge Bowsher on 18 July 2003 to dismiss H's application to amend pleadings on...

Hamid Naghshineh & Ors v Harold Percy Chaffe & Ors (2003)

Judgment Date: 27 Nov 03

Summary When ordering different amounts of security for costs in respect of different claimants in the same action the Master had applied the correct legal principles and had exercised his discretion correctly. Facts Appeal by the defendants against part of an order made on 2 June 2003 by Deputy Master Rhys in...

Secretary of State for Trade & Industry v Goldberg

Judgment Date: 26 Nov 03

Summary A former director of several companies was to be disqualified from being concerned in the management of a company for a minimum of two years, where he had, inter alia, breached fiduciary duties owed as a director and ignored statutory obligations relating to the filing of accounts and returns....

(1) ABBOTT (2) BARWICH V PRICE (2003)

Judgment Date: 26 Nov 03

Summary No partnership had subsisted between the claimants and the defendant. The defendant was the sole proprietor of the business. As an employee, the first claimant had been in breach of his contract of employment by carrying out private deals without the knowledge or consent of his employer. Facts Action...

Silven Properties Limited v Royal Bank of Scotland (2003)

Judgment Date: 21 Nov 03

Summary On the exercise of a power of sale over mortgaged property, the mortgagee or a receiver appointed by the mortgagee were not under a duty to pursue applications for planning permission or complete the grant of leases in order to increase the likely best price reasonably obtainable on sale....

First Penthouse Ltd v Channel Hotels and Properties (UK) Ltd (2003)

Judgment Date: 14 Nov 03

Summary The holder of the leasehold reversion on a lease had unreasonably refused consent to assignment of the lease by a mortgagee and had waived the right to forfeit the lease for breach of a covenant to carry out and complete the development project expeditiously Facts Two actions relating to...

Clark v Donaldson & Ors (2003)

Judgment Date: 14 Nov 03

Summary An interim injunction was granted to restrain a beneficiary from dealing with those parts of his free assets derived from the deceased's estate pending the outcome of proceedings by the claimant to obtain probate in respect of a different will made by the deceased. Facts In an application for...

Jarvis Field Press v Chelton & Ors (2003)

Judgment Date: 29 Oct 03

Summary In the circumstances, there was an appreciable risk that the defendant, who appeared to be guilty of dishonesty, would place assets beyond the reach of her creditors and therefore a freezing order would be continued. Facts Application by claimant ('C') for the continuation of a freezing order granted against...

Jemma Trust Co Ltd v Peter D’Arcy Liptrott, John Forrester, Kippax Beaumont Lewis (2003)

Judgment Date: 24 Oct 03

Summary It was appropriate for solicitors to make a separate charge based on value for the administration of an estate, in addition to fees for time spent, provided that the remuneration overall remained fair and reasonable. Facts Appeal by solicitors ('KBL') against the decision of Costs Judge Rogers on a...