Summary When deciding whether there was a "new claim" for the purposes of the Limitation Act 1980 s.35(2) and the associated rules under the CPR r.17.4, the court was obliged to compare the essential factual elements in the existing cause of action with the essential factual elements in the proposed cause...

Summary Where a tenancy agreement was void for uncertainty of term due to a clause which stated that the tenancy could only be determined if the tenant was in arrears or otherwise in breach of the agreement, it could not be enforced as a contract by the equitable remedy of...

Summary Where the adjudicator's cancellation of an application to the Land Registry for registration of title to certain land claimed by adverse possession had been set aside by a judge on appeal, it was not appropriate to require the applicants to make a fresh registration application as that would deprive...

Summary The Individual Voluntary Arrangement Protocol was not intended to create mutual legal obligations, but that did not mean that the court could not exercise its discretion to grant relief in a dispute involving its interpretation. However, it would not be right for the court to pronounce formally on what...

Summary In interpleader proceedings it was determined that the obvious intention of the parties was that monies held pursuant to an undertaking in the client account of a firm of solicitors were held by the solicitors as trustee, to pay the monies out in accordance with the terms of the...

Summary A judge had been wrong to grant summary judgment on the basis a company had no prospect of successfully defending a claim that it had not used its best endeavours to release the claimants from personal guarantees in relation to a share purchase agreement. He was also wrong to...

Summary In interpleader proceedings it was determined that the obvious intention of the parties was that monies held pursuant to an undertaking in the client account of a firm of solicitors were held by the solicitors as trustee, to pay the monies out in accordance with the terms of the...

Summary The right to enfranchisement under the Leasehold Reform Act 1967 extended to buildings that were exclusively used for business purposes, provided the buildings amounted to a "house" within the meaning of s.2(1) of the Act. Facts The appellant landlords (L1 and L2) appealed against the courts' interpretation of "house" under...

Summary The evidence did not support a father's claim that he had been in partnership with his son in a courier business. Facts The claimant (R) claimed for a declaration against the first defendant (S), who was his son, and the second defendant company (T), that he and S together...