Summary A substantial price difference between the sale price of a property and that of its immediate subsequent sale was sufficient evidence to justify permission for a breach of duty action against a receiver. Facts The appellant homeowner (G) appealed against an order refusing permission to continue an action for...

Summary A hotel owner had acquired a right of way by prescription over a private roadway, having openly used it without permission for over 20 years. The hotel owner was entitled to rely upon the use of the roadway by third parties, such as coach drivers, in its claim for a...

Summary It was appropriate to grant the Secretary of State for Business, Innovation and Skills permission to apply for disqualification orders against four company directors, pursuant to the Company Directors Disqualification Act 1986 s.7(2), after the two-year period from the company's insolvency had expired. The case alleged against the directors that...

Summary The defendant in a professional negligence action had not accepted that the claim form had been duly served or waived its entitlement to require its proper service. There were no exceptional circumstances sufficient to justify dispensing with service altogether under CPR r.6.16. Facts The appellant (B) appealed against a...

Summary The court determined certain issues relating to the interpretation of an indemnity clause in an investment and funding management agreement. Facts The court was required to determine certain issues relating to the interpretation of an investment and funding management agreement entered into by the defendant structured investment vehicle (D)....

Summary As a matter of contractual interpretation, an occupancy agreement between a mutual housing association and one of its members, which was expressed to be "from month to month until determined" could not be determined simply by a month's notice to quit. The agreement, although incapable of being a tenancy...

Summary The question of whether a right of common was a separate right or a split right did not turn on what was stated in the register. Facts The appellant farmer (D) appealed against a decision ((2011) EWHC 16 (Ch), (2011) 2 P) concerning the extent of his right to graze livestock on common...

Summary Where parties to complex litigation had been compelled to take out loans at a high rate of interest to pay for their legal costs, and where their opponent had acted in such a way as to attract an order for costs on the indemnity basis, it was appropriate that...

Appeared un-led for Trustee in Bankruptcy in successfully responding to appeal against judge’s refusal to make pre-emptive costs order in case concerning assignment of cause of action.