Summary Where a claimant had served a notice of discontinuance in error, it had been open to it to invoke the court's jurisdiction under CPR r.3.10 to correct that error; it could not be said that r.38.5(2) clearly intended to restrict the setting aside of notices of discontinuance to those...

Summary Although administrators' costs were generally justified as the point upon which they sought directions required a definitive answer, their retention of leading counsel where two other leading counsel had been retained was clearly inappropriate. Accordingly, the administrators' costs of briefing leading counsel were disallowed. Facts The court was required...

Summary A company which had lost £2 million by investing in a scheme involving the purchase of a plot of land succeeded in its claim for fraudulent misrepresentation against several defendants who had been involved in the promotion or operation of the scheme. Facts The claimant company (L) brought a claim...

Summary On the proper interpretation of a loan agreement and accompanying trust deed between a commercial lender and pension scheme trustees who had participated in the lending, the trustees were entitled to recover their contribution in full where a borrower had defaulted and there was a shortfall in the security....

Summary An accountant executor who had taken a neutral position in relation to whether a client had testamentary capacity when executing a will in his presence was entitled to his costs out of the estate under CPR r.48.4(1), despite having addressed personal allegations during the hearing that he had known...

Summary A secured debenture holder's claim against an administrative receiver it had appointed over a company ought not to have been struck out as its claim did not offend the rule against reflective loss. To strike out such a claim arbitrarily denied a secured creditor fair compensation for any primary...

Summary An ex-employee had acted in breach of the terms of a confidentiality clause in his service contract when he disclosed sensitive commercial information to a third party. Facts The first claimant company (R1) and second claimant company (R2) claimed damages for breach of confidence and breach of contract against...

Summary It was not appropriate to rectify a Tomlin order to create a legal charge to secure a company's debts as there had not been a continuing common intention that the claimant bank was to have a separate charge in order to secure those debts. Facts The applicant bank (L)...

Summary Both Andrew Walker QC and his instructing solicitors, Shelter Cymru, (neither of whom had been involved at any stage at first instance) agreed to act pro bono at the appeal hearing, following the withdrawal of legal aid. Davis LJ paid “tribute to the careful and attractive way in which...