Summary When answering a questionnaire as part of a due diligence exercise prior to entering into a series of contracts, a defendant was guilty of fraudulent misrepresentation when he stated that he had not been disqualified as a director, knowing that answer to be false. Alternatively, he was reckless and...

Summary Rectification and indemnification were the only remedies for mistakes resulting from concurrent registration of land in two different titles; nobody with registered title to land could, at the same time, establish possessory title, because their occupation of the land would not be unlawful. Time did not, therefore, begin to...

Summary Receivers appointed under the Criminal Justice Act 1988 were officers of the court and remained so after discharge of the receivership order. Post-discharge functions could be time-consuming and costly; discharge did not extinguish their common law entitlement to be indemnified for both pre- and post-discharge remuneration, disbursements and fees out...

Summary The reference to "no ground rent to pay" in a letter from a residents' association to tenants concerning the possibility of acquiring the reversion of a residential development concerned only a potential benefit which might come from a purchase of the reversion and was not a clear representation for...

Summary Where an individual was properly characterised as a de facto and shadow director of a company which he had sanctioned and encouraged to operate an unlawful collective investment scheme, and where he had procured the company to make improper loans and dividends, it was appropriate to disqualify him from...

Summary A financier had not been entitled to serve a formal demand as it had, at the time of the demand, held excess funds that had been wrongly deducted as capital repayments from a borrower's bank account, which meant that no sums were in fact due at the relevant time....

Summary The court determined a number of costs issues in a case where the costs of the successful claimant were likely to exceed the damages awarded. Facts The court was required to determine a number of issues concerning costs. The claimant (S) had brought proceedings against the defendants (B and...

Summary If a party was charged with drawing up a court order it was the duty of its solicitors and counsel to produce a draft that fairly reflected what they thought that the judge had decided or directed. A defendant was entitled to its costs unnecessarily incurred as a result...

Summary The "value clean" principle established in relation to the 1992 ISDA Master Agreement had not been preserved by the changes to the closing out provisions introduced by s.14 of the 2002 ISDA Master Agreement. The provisions of a side letter agreement entered into alongside certain Intercompany Transactions were therefore "material terms"...