Summary Evidence of negotiations and subjective intention were not admissible when construing the meaning of an amendment to the articles of association of a company in line with the principles in Investors Compensation Scheme Ltd v West Bromwich Building Society (1998)] 1 WLR 896. Facts Application by the claimant, a quoted company listed...

Summary There was no clear evidence that the defendants had ever had in their possession any documents that were confidential to the claimants, nor was there any evidence that they or any of their witnesses knew of, or had participated in, any wrongdoing in relation to the circumstances in which...

Summary The appeal regime in s.13 Administration of Justice Act 1960 had been superceded by CPR 52.3. The natural meaning of the expression "committal order" in CPR 52.3(1)(a)(i) was an order which committed a party to prison and therefore permission to appeal was required in this case. Facts Claimant's ('GSL') appeal...

Summary Expert opinion from a lawyer specialising in art law was not likely to provide the court with material assistance in determining the issues of liability in an action concerning alleged breach of fiduciary duty owed by a gallery to an artist. Facts Claimant's application to adduce additional expert evidence...

Summary The designer of a mechanical ventilator who was a former director and employee of the claimant companies was not guilty of passing off or misuse of trade secrets or confidential information by setting up a competing business. However, the investors in the claimant companies were entitled to enforce an...

Summary It was arguable not only that a person invoking the compulsory acquisition procedure under ss.428 to 430F Companies Act 1985 had no right to withdraw a notice given under s.429 of the Act, but also that the court had jurisdiction to require that person to purchase the shares of any...

Summary There was no evidence from which the judge could have properly concluded that the Law Society had a real prospect of succeeding on its claim under s.423 Insolvency Act 1986 to set aside transfers of chattels made by a deceased solicitor. Facts Defendant's ('D') appeal from that part of the...

Summary Although not an act of the company, a director's conduct in withdrawing from the management of that company amounted to a breach of an agreement concerning the company's affairs and thus justified a winding-up petition under s.459 of the Companies Act 1985. Facts Trial of two winding-up petitions concerning a...

Summary The mere banking of a cheque by the Inland Revenue did not give rise to any contract whereby it accepted the amount of that cheque in full and final settlement of the amount of tax due from the taxpayer. Facts Claimant's action for £113,082 odd plus interest in respect of...