Summary When considering the proper construction of a proviso in a waiver agreement the court had to construe the waiver agreement as a whole and against its factual background. In the circumstances the comparison the court was required to make between the loss which would be caused to the representee...

Summary On the evidence, a claim in respect of the alleged non-performance of a written agreement had a real prospect of success and should proceed to trial. The court had jurisdiction over two of the defendants domiciled outside the English jurisdiction under Council Regulation 44/2001 Art.6(1) and therefore service of the...

Summary On the facts, the executors and trustees were liable to restore the sum of a commuted annuity, which had been gifted to the deceased's friend and solicitor, to the deceased's estate because the beneficiary children of the deceased had not received independent legal advice about the effect of the...

Summary The claimant's application for summary judgment or to strike out the defence was dismissed because if the defendant's allegations were established at trial they would provide a defence. Facts The claimant company (D) applied for summary judgment or to strike out the defendant's (W) defence. The action had been...

Summary When deciding whether to dismiss an application under the Solicitors Act 1974 Sch.1 para.6(4), in circumstances where the Law Society's decision to exercise its statutory powers of intervention was not flawed, a court was not required to ask itself whether it should fashion an alternative remedy. Facts The appellant solicitor ...

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...