Summary A decision not to order the issue of a letter of request under CPR r.34.13 was fundamentally flawed because without the letter of request the claimant would be denied the opportunity of relying on crucial evidence and would be denied justice. Facts The defendant (D) appealed against the refusal...

Civil evidence, letter of request for examination out of jurisdiction (led by Michael Driscoll QC).

Summary When assessing damages for negligent advice that had affected the value of a property a departure from the conventional diminution in value approach had to be justified on the evidence. Any alternative approach had be internally consistent and it could not be right to compare a pre-negligence assessment based...

Summary The claimant company had a reasonably good prospect of establishing at trial that the defendants' use of a highway had been unreasonable and an interim injunction was granted. Facts The claimant company (B) sought an interim injunction requiring the defendant companies to maintain a clear corridor along a public...

Summary The opening of a bank account by a father for use in his son's business was not objectively calculated to give rise to third parties concluding that father and son were conducting the business in partnership and did not authorise the son to represent that he was trading in...

Summary Where a covenant in a conveyance prohibited certain building works without the covenantee's consent "to the size nature materials and colour thereof" a duly requested consent under the covenant was not to be unreasonably withheld. Facts The claimant property owners (R) took proceedings against the defendant trustees (B) and...

Summary Property purchased by a council tenant at a 60 per cent discount pursuant to her right to buy and otherwise entirely financed by her son, was held on a resulting trust for her and her son in the ratio of 60:40, as the right to buy discount was treated as a...

Summary A claimant was entitled to the continuation of interim relief until trial subject to fortifying her cross undertaking in damages. Facts The claimant (B) applied to continue interim relief until trial. B, a venture capitalist, and the defendant (H), a property developer, had been in a relationship. B alleged...

Where an application for first registration of title to a plot of land had been cancelled the subsequent transactions had only transferred an equitable title. Where the ultimate purchaser of the land had at all material times believed that another party was entitled to an option over the land it...