Summary Certain documents sent by the administrator of a mutual fund to members, including contract notes recording any redemption of shares made, constituted "certificates" which were binding on the fund under its articles of association. Facts The appellant financial institutions (X) appealed against a decision of the Eastern Caribbean Court...

Summary Members of a pension scheme were not estopped from disputing that defective deeds, which had been intended to make changes to the scheme, were validly executed. The court also confirmed that it was possible for an estoppel by representation to be based on a representation purely of law. Facts...

Summary A voluntary settlement was rectified where the claimants had erroneously been included as settlors which excluded them from the class of beneficiaries. Facts The claimants (C) sought the rectification of a 1995 settlement. C were part of a family which operated a farming business through a family company. Shares in...

Summary A deed of adherence added a new associated employer to a pension scheme and extended the benefits of the scheme to the new employer's employees. Without further documentation, the deed did not limit those employees to less generous benefits under the scheme, as the employers had intended. Facts The...

Summary The court determined that it was better for a committal application to be heard well before the main trial and for the judge to recuse himself because in an earlier judgment he had reached conclusions adverse to the respondents on issues that were likely to be crucial in the...

Summary CPR r.7.5 and CPR r.6.14 drew a clear distinction between the date when service was effected, and the date upon which it was deemed to have taken place. Service was effected when the step required by r.7.5 was completed, and it was the completion of that step which constituted...

Summary A notice given by a business tenant to operate a break clause in a lease was invalid, as it did not comply with the express requirements of the clause. Facts The appellant landlord (F) appealed against a decision that a notice given by the respondent tenant (S) exercising its...

Summary A judge had erred in refusing to continue a worldwide freezing injunction and a proprietary injunction on the basis of the application of the no reflective loss principle. The appellants did have a good arguable case that there had been breaches of fiduciary duties owed by co-joint venturers in...

Summary An appellant who had instructed a third party to import a car into the United Kingdom did not have locus standi to bring an appeal against a binding tariff information issued by the commissioners to the third party because it was not the "holder" of the BTI. The third...