Official Receiver v Ohayon
Judgment Date: 25 Aug 04
Summary It would be wrong to rule on a summary judgment application in a derivative action before deciding the logically prior question of whether the claimant shareholder should be permitted to continue with the derivative action on behalf of the company under CPR r.19.9. Facts The claimant (P) applied for...
Summary The court was required to construe the terms of an agreement that was a combination of a development agreement and an agreement for a lease to enable the development to be carried out. The purpose of the construction was to determine whether consent to assign a lease had been...
Summary For the purposes of the Limitation Act 1980 s.8, the date at which a building society's right to recover the shortfall of a mortgage advance from the mortgagors accrued was the date when the mortgagors defaulted in the monthly instalment payments. Facts The appellant mortgagors (W) appealed against a summary...
Summary The Lugano Convention 1988 Art.5 provided that the choice of forum to be exercised by a claimant was to be unfettered by court order. Facts The defendant bank (L) applied to stay all further proceedings on the ground that Switzerland was a more appropriate forum and it was not unjust...
Summary The nature of an assurance that formed the basis of a claim for proprietary estoppel would be implicitly qualified in ways that took account of events unforeseen and not expressly catered for by the parties at the time the assurance was made. Facts The appellant (R) appealed against the...
Summary A liquidator's application for relief on the grounds that a covenant by the company to make a substantial payment to compromise litigation arising out of a dispute over ownership of the company was a transaction at an undervalue was not dismissed at an interlocutory stage as there were real...
Bankruptcy, choses in action and assignment.
Summary The construction and/or use of part of a property as a roadway infringed a restrictive covenant contained in clause 2 of a conveyance which affected the property. Facts The appellants (M) appealed against a decision that the construction and use of a roadway would not infringe a restrictive covenant...