Houghton & Ors v (1) Clive Fayers (2) Howard Day (1999)

Judgment Date: 09 Dec 99

Summary Unconditional leave was granted to defend a claim for knowing receipt of sums subject to a constructive trust and/or knowing assistance in respect of the disposal of such sums, as the evidence was insufficient to support a summary decision. Facts Interlocutory appeal by the second defendant ('D') against...

Zahid Iqbal Dean v Marianne Prediger Dean & Ors (1999)

Judgment Date: 17 Nov 99

Summary Appeal from an order of Master Bowles of 2 July 1999 where the claim against the fifth defendant, the Chief Land Registrar ('the registrar'), was struck out. Facts The proceedings were against the claimant's former wife, her lover, his brother ('the third defendant'), a solicitor and the registrar. In 1981 the claimant,...

Locabail (UK) Ltd v (1) Bayfield Properties Ltd (1999)

Judgment Date: 17 Nov 99

Summary Considers the basis on which judges could or should disqualify themselves from sitting on grounds of bias and the issues concerning judges who were solicitors, authors and non-executive directors of family companies. The court would regard as undesirable any extension of the present rule on automatic disqualification beyond the...

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.