Reichman v Gauntlett (2006)

Judgment Date: 13 Dec 06

Summary Where a tenant had failed to pay rent due under a lease and had abandoned the demised premises, a landlord was under no duty to mitigate his loss when seeking to recover arrears of rent. Facts The appellant tenant (T) appealed against a decision that his landlords (L) were...

David Alastair Bruce v (1) Todd Lee Carpenter & others (2006)

Judgment Date: 29 Nov 06

Summary Where parties had chosen to select an expert method it was not open to the court to interfere, save where the expert machinery had broken down. Facts The applicants (C) applied to strike out that part of a claim of the respondent shareholder (B) relating to the valuation of...

Grace Ellen Carr & Ors v Jacqueline Isard & Ors (2006)

Judgment Date: 23 Nov 06

Summary The fact that a wife had made a will which appeared to deal with her share of the matrimonial home was not enough to give rise to an inference that the joint tenancy of the property had been severed. Facts The claimant (C) brought an action for a declaration...

Redbus LMDS Ltd v Jeffrey Green & Russell (2006)

Judgment Date: 21 Nov 06

Summary Where the costs of litigation were sought to be recovered as damages in a negligence action, the appropriate method of assessment was the amount that would be awarded on assessment by a costs judge on the standard basis. Facts The claimant (R) brought a claim in negligence against the...

Re Vintage Hallmark PLC; Secretary of State for Trade & Industry v Grove

Judgment Date: 15 Nov 06

Summary Two directors of a company were disqualified for the maximum period of 15 years where they had procured that company to purchase assets and liabilities of a partnership knowing, or being recklessly indifferent or grossly negligent to the fact, that it was effectively worthless. Facts The applicant secretary of state...

Alan Williams Entertainment Ltd v Hurd [2006] E.M.L.R. 15

Judgment Date: 06 Nov 06

Chancery Division trial for breach of compromise agreement.

Harold Chaffe v Michael Kingsley (2006)

Judgment Date: 06 Nov 06

Summary In a hearing to assess the costs to be paid by an unsuccessful defendant, where the evidence showed no sufficient reason to believe that the claimant had retained his solicitors under a contingency fee agreement, the costs judge was under no obligation to enquire into the terms of that...

Philip Donnelly v Weybridge Construction Ltd (2006)

Judgment Date: 27 Oct 06

Summary Where a defendant construction company had, in a joint venture, built flats whose misdescription had been substantial, the claimant purchasers had been entitled to rescind or to complete and seek an abatement, so the defendant had not been entitled to require completion and was in repudiatory breach of contract....

Bonham v Blake Lapthorn Linell (2006)

Judgment Date: 16 Oct 06

Summary A trustee had acted properly and reasonably on the advice of solicitors in commencing and pursuing litigation on a trust matter as the claims in the litigation had a reasonable prospect of success. Consequently, the trustee had not acted in breach of trust by paying monies out of the...