Walbrook Trustees (IOM) Ltd & Ors v Liberty Centre Trustee No.1 Ltd & Ors (2007)

Judgment Date: 14 May 07

Summary The landlords of a shopping centre were granted an interim injunction, pending trial, restraining the tenants of retail premises from creating or maintaining displays in their shop front consisting of lingerie and sexual paraphernalia that might be regarded as indecent or offensive. Facts The applicant tenants (W) applied for...

Malmesbury v Strutt & Parker (2007)

Judgment Date: 11 May 07

Summary Chartered surveyors had been negligent in the conduct of negotiations for leases of land for use as airport car parking because they had failed to obtain a turnover rent. The appropriate measure of damages for the lost chance of negotiating a turnover rent was the diminution in value of...

Eastaway v Secretary of State for Trade & Industry (2007)

Judgment Date: 10 May 07

Summary A ruling by the European Court of Human Rights that the length of director disqualification proceedings had violated the reasonable time provision in the European Convention on Human Rights 1950 Art.6 did not entitle a director to have his disqualification proceedings dismissed and a disqualification undertaking that he had given...

UK (Aid) Ltd v Martin Damian Andrew Mitchell (2007)

Judgment Date: 08 May 07

Summary It was appropriate to grant summary judgment against two former directors of a company in creditors' voluntary liquidation as they had no defence to a claim that they had misappropriated the company's monies for their own gain. Facts The claimant company (C), in creditors' voluntary liquidation, applied for summary...

J D Wetherspoon PLC v Van De Berg & Co Ltd (2007)

Judgment Date: 04 May 07

Summary Whilst an alleged conscious and deliberate breach of fiduciary duty had occurred more than six years before proceedings were issued, the claim was not statute-barred as the Limitation Act 1980 s.32 applied to prevent time from running until the concealment could have been discovered by the claimants when acting with...

Wolsey Securities Ltd v Abbeygate Management Services Ltd (2007)

Judgment Date: 03 May 07

Summary In the circumstances, a joint venture agreement and a facility letter annexed to the agreement constituted one composite agreement. Therefore a guarantor was liable in respect of the obligations under both documents, even though the guarantee had only been contained in the joint venture agreement. Facts The appellant company ...

In the matter of the estate of Winifred Victoria Edwards (2007)

Judgment Date: 03 May 07

Summary The last will of the deceased was made under undue influence where the deceased's son and sole beneficiary of the will had poisoned the deceased's mind against the beneficiaries of the original will by making untruthful accusations against them, causing the deceased to change her will in his favour....

Duke of Westminster (Deceased) (2) Grosvenor Estate Belgravia v Regis Group (Barclays) Ltd (2007)

Judgment Date: 02 May 07

Summary The price payable on enfranchisement was the amount at the valuation date that the property might be expected to realise if sold on the open market by a willing vendor, so if there was a special purchaser but the vendor was unaware of his existence, no premium could be...