Summary An arbitration award in respect of a rent review was remitted for reconsideration where a serious irregularity had occurred because the arbitrator in applying a discount for onerous lease terms had departed from the agreed basis upon which the case was put to him. Facts The claimant landlord (S)...

Summary A petition by Customs to wind up a company on the basis of assessments to excise duty arising under the Excise Duty Points (Duty Suspended Movements of Excise Goods) Regulations 2001 would not be granted where the alleged debt was disputed on substantial grounds that, arguably, the Regulations did not...

Summary A supplier of polycarbonate mouldings to be used as housings for lights had breached express terms in its contract with a manufacturer and implied terms under the Sale of Goods Act 1979 where it had used material that did not conform to the specification required by the manufacturer. Where defects...

Summary The mere transfer of the assets of a partnership to a company owned by the partnership did not effect a dissolution of the partnership unless it was accompanied by either an express or necessarily implied agreement by all parties to dissolve. An agreement to such a transfer did not...

Summary A shift in emphasis in the interpretation of the Insolvency Act 1986 s.335A, s.336 and s.337 might be necessary to achieve compatibility with a bankrupt's rights under the European Convention on Human Rights 1950 in that those sections ought to be regarded as recognising that, in the general run of...

Summary The claimants were entitled to have a reversionary lease set aside since they executed it under a serious mistake as to its legal effect which gave rise to an equity to set it aside. Facts The claimants (W), who were husband and wife, applied to set aside a reversionary...

Summary It would be wrong to rule on a summary judgment application in a derivative action before deciding the logically prior question of whether the claimant shareholder should be permitted to continue with the derivative action on behalf of the company under CPR r.19.9. Facts The claimant (P) applied for...

Summary The court was required to construe the terms of an agreement that was a combination of a development agreement and an agreement for a lease to enable the development to be carried out. The purpose of the construction was to determine whether consent to assign a lease had been...