Summary Where under the terms of the relevant agreements sponsorship monies were not "profits relating to or accruable from the event", the claimant had failed to establish a proprietary claim based on assignment. Facts The appellant (C) appealed against the dismissal of her action against the respondent first defendant (M)...

Summary The determination of a preliminary issue in relation to the proper construction of an agreement with regard to the release of funds out of a retention account established by an agreement for the purchase of the entire issued share capital of a company in order to meet any liabilities...

Summary Where claimants had deleted a claim by amendments to the particulars of claim, the claim was in substance discontinued and CPR r.38.6 applied so that the claimants were liable for the defendant's costs of the discontinued claim down to the date of discontinuance. Facts The applicants (R) applied for...

Summary The claimants had not established that the defendant had agreed to transfer half of his shareholding to another. Facts The claimants (S), who were three brothers, sought specific performance of an alleged agreement and the defendant (X) issued a petition under the Companies Act 1985 s.459. Retail businesses had been...

Summary In exercising the discretion under the Misrepresentation Act 1967 s.2(2) to award damages in lieu of rescission to a bank in respect of an agreement to waiver liability under guarantees, it was a necessary part of the judge's task to assess the prospects of the bank obtaining more, had the...

Summary Enforcement of a foreign currency judgment by means of a charging order did not require the judgment debt to be converted into sterling before enforcement was completed, and such orders did not offend any rules derived from Miliangos v George Frank (Textiles) Ltd [1976] AC 433 and the relevant Practice Directions....

Summary A bank owed a duty to an investment fund to exercise reasonable care to ensure that the advice it gave was sound and the nature and terms of the contracts governing the parties' relationships were not inconsistent with an assumption of responsibility by the bank to the fund for...

Summary The supervisory powers of the court under the Civil Procedure Rules were such that in an appropriate case a court could order cross-examination on an interlocutory basis. Facts The claimant company (W) applied for an order that the deponent of an affidavit (X) attend the court for cross-examination. The...