Summary The claims that a trust company had against its directors for various breaches of duty could not, in the circumstances, be transposed to the beneficiary under that trust to pursue in her own right so her claim was struck out. Facts The first applicant company (H) and second to...

Summary Damages for loss of the chance to purchase an alternative company, if caused by a defendant's fraudulent misrepresentation and a claimant's reliance on it, were recoverable in an action for deceit, and the foreseeability of such a head of loss was irrelevant. Facts The court was required to assess...

Summary The defendants were all directors of a company which operated as an independent financial adviser. The company was regulated by the Personal Investment Authority until the end of November 2001 and thereafter by the Financial Services Authority (FSA). In June 2003, the FSA commenced an investigation into the activities of the...

Summary A claimant bank, which made loan agreements secured against residential properties let on assured shorthold tenancies and subject to legal charges, was entitled to demand immediate repayment of the loans and to appoint receivers after the defendant borrowers defaulted on various terms of the agreements. Facts The claimant bank ...

Summary It was not within the purview of the court, hearing a case on an application for summary judgment, to determine complex questions of law and fact arising out of the construction of a contractual clause contained in an exclusivity agreement; the case necessitated a trial whereby all the evidence...

Summary A paradigm situation in which the court, exercising its jurisdiction under the Arbitration Act 1996 s.103(5), had to reconsider its earlier decision to adjourn the decision on enforcement of an arbitration award was where there had been a significant relevant development in the proceedings before the supervisory court. Facts The...

Summary An allegation of wilful wrongdoing by trustees was not arguable where they had heeded the legal advice given by their counsel and solicitor. Facts The appellant trustees (B) appealed against a decision ((2007) EWHC 1859 (Ch), (2007-08) 10 ITELR 329) striking out their claim for breach of trust against the respondents (F) who...

Summary Cases involving an inequality of arms did not call for some different or more rigorous test to be applied on applications for strike-out or summary judgment under CPR r.3.4(2) or CPR r.24.2 than those that were already the subject of substantial, consistent and well-settled authority. Facts The applicant twelfth...