Summary It was proper to grant rectification of an agreement for an underlease where, because of a mutual mistake, the agreement had not given full effect to the mutual intention of the parties. Facts The applicant buyer (M) applied for the rectification of an agreement for an underlease between it...

Summary The acceptance by a landlord of monies apportioned and paid by a tenant in respect of outstanding rent debts meant that the landlord waived the right to forfeiture of a lease. Facts The appellant lessee (T) appealed against a decision that it had forfeited its lease on commercial premises....

Summary The obligation in a joint venture agreement on one party to procure that a loan was repaid by another party imposed an obligation on the first party to see to it that the second party repaid the loan or, in the event that the latter defaulted, to pay damages...

Summary The applicant company, which had applied to continue a freezing order granted against the respondent, had failed to satisfy the relatively high burden of establishing a real risk that the respondent would dissipate its assets. Facts The applicant (C) applied to continue a freezing injunction which had been granted...

Summary A blockage of windows for the entirety of the prescription period prevented a right to light through those windows being acquired on behalf of the dominant tenement. Facts The claimant company (T) applied for an injunction to prevent interference with its right to light in respect of four windows...

Summary The appropriate test for permission to bring a derivative claim was the view of a hypothetical and independent board of directors, and a court had not to assert its own view but merely be satisfied that such a board could take the decision that the minority shareholder applying for...

Summary An individual through his control of a corporate director could constitute himself a de facto director of a subsidiary company; whether he did so would depend on what he procured the corporate director to do. Facts The applicant secretary of state applied under the Company Directors Disqualification Act 1986 s.6...

Summary There was no equivalent in the Civil Procedure Rules 1998 to the express requirement in the Rules of the Supreme Court O.18 r.8(1)(b) that it was necessary to plead foreign law. However, it would be inconsistent with Part 16 r.16.4(1)(a) of the 1998 Rules and with the overriding objective to...