Summary There had been no reverter of the site of a school before the coming into force of the Reverter of Sites Act 1987, because until it had closed in 1995 the school had been used for the purpose of the education of poor persons within the School Sites Act 1841 s.2. Facts...

Summary Where the appellant had a remedy in damages, he could not be required to mitigate his loss by accepting an offer that would deprive him of his remedy. Facts The appellant vendor (V) appealed against the refusal of an award of damages against the respondent purchaser (R). R had...

Summary The underlying purpose of Council Regulation 44/2001 Art.6 was to avoid the risk of irreconcilable judgments in separate proceedings. Where a defendant in one set of proceedings was domiciled in England and other defendants in separate English proceedings were domiciled outside England, Art.6.1 applied as the claims in both proceedings...

Summary The claimants were entitled to forfeit a sub-underlease granted to the defendant company, which traded as the Saatchi Gallery. Given the conduct of certain individuals behind the defendant, it was not appropriate to grant relief from forfeiture. Facts The claimant freeholder (S) brought a claim against the defendant sub-underlessee ...

Summary A person could know, and could certainly suspect, that he was assisting in a misappropriation of money without knowing that the money was held on trust or what a trust meant. Facts The appellant company (C), in liquidation, appealed against a decision that the second respondent (H) was not...

Summary The Court ordered rectification of an assignment. Facts The claimant and the defendant entered into an agreement which provided (inter alia) that warranties held by the claimant would be assigned to the defendant. The assignment of certain such warranties (the A Warranties) was to be unconditional and to take...

Summary The qualifying holding period for taper relief for the purposes of the Taxation of Chargeable Gains Act 1992 s.2A(8) was not the whole period from the date of acquisition but was the period after April 5, 1998 for which the asset had been held at the time of its disposal. Facts...

Summary The court determined the appropriate level of deferment rate to be applied, in the circumstances, when calculating the price payable on enfranchisement or for an extended lease for houses or flats in central London. Facts In joined appeals, the court was required to determine the price payable on enfranchisement...

Summary Where a voting agreement had given a shareholder an absolute discretion in the manner in which it chose to raise funds, on a new issue of shares the shareholder had a right to choose investors including itself and others and a right to waive pre-emption rights in the company's...