Summary Where there was no correlation between use, by the claimant and defendant, of water raised from a bore hole on the defendant's land and maintenance costs, a declaration that the cost of supplying water be borne rateably by the users could not be justified. Facts In the first of...

Summary Where India rather than England was the natural forum for the resolution of a dispute about the ownership of, and investment in, an Indian company, a freezing order against the defendant was discharged and the claimants action in the UK stayed. Facts Interpartes application by the claimants SMAY and...

Summary Rent was not "unpaid" for the purposes of Ground 8 Sch.2 Part I Housing Act 1988 if a cheque for the arrears due at the date of the hearing had been delivered to the landlord, accepted by him and met on presentation. Facts Tenant's ('C') appeal from a possession order made...

Summary A case of professional negligence against a valuer could not be established where he had attributed no value to theoretically lettable space as this had been his reasonably held opinion based on local market conditions. The valuation did not fall outside the appropriate range of permissible non-negligent valuations. Facts...

Summary The claimant was not entitled to a declaration that the effect of a letter sent by it to the third defendant constituted an event of termination or gave rise to an event of termination under a joint venture agreement between the parties. Facts Claim by a partnership ('TM'), licensed...

Summary Application under the Evidence (Proceedings in Other Jurisdictions) Act 1975 Facts This was an application under the Evidence (Proceedings in Other Jurisdictions) Act 1975 pursuant to a letter of request from the US District Court in Delaware. The Delaware proceedings involved allegations of securities fraud in relation to the 1998 $36 billion merger...

Summary EC Regulation on Insolvency Proceedings 1346/2000 gave the courts of a Member State jurisdiction to open insolvency proceedings in relation to a corporate debtor incorporated outside the EC, if the centre of the debtor's main interests was within that Member State. Facts Petition for an administration order by and in...

Summary Lessees who contracted to assign the remainder of their lease to the claimants were in breach of a pre-emption clause in the lease in favour of the lessors who accordingly acquired an equitable interest in the lease, ahead of the claimants, that was not avoided by s.17 Landlord and...

Summary A challenge to the trade mark "ESB" in respect of beer on grounds of lack of distinctive character failed, but since the mark was only used in relation to bitter the scope of the mark was restricted accordingly by way of partial revocation for non-use. Facts Appeal and cross-appeal...