Summary The court examined an option agreement relating to the purchase of land for development and was required to decide whether a clause providing for an extension to the option period had been validly executed. The finding involved application of the test in Mannai Investment Co Ltd v Eagle Star...

Summary Where a claimant had issued proceedings in 1997 and had persistently failed to comply with directions and orders and had not progressed the litigation for long periods of time to the extent that his conduct of the case amounted to an abuse of process, it was just to strike out...

Summary A property freezing order obtained by the Assets Recovery Agency was not discharged despite it having been obtained by non-disclosure and innocent misrepresentation at a without notice hearing, because the agency's misjudgement had not been serious and a broad, merits-based evaluation of all the circumstances found no abuse of...

Summary The claimant had no real prospect of establishing its pleaded case claiming rectification of an agreement for the sale of its lease on the ground of unilateral mistake. Facts The applicant (E) applied for summary judgment in respect of the claim of the respondent (R) for the rectification of...

Summary An insurer had not waived the requirement that the insured disclose certain material incidents that had occurred prior to the inception of the policy and had been induced by the insured's non-disclosure to enter into the policy on the agreed terms. The insurer was therefore entitled to avoid the...

Summary A company was jointly and severally liable to pay excise duty under the Excise Duty Points (Duty Suspended Movements of Excise Goods) Regulations 2001 reg.7 in respect of goods dispatched and fraudulently diverted from a bonded warehouse under administrative accompanying documents containing false information provided by the company's employees, where...

Summary On the evidence the claimant failed to prove that an oral representation alleged to have been made by the defendant had been incorporated into a contract between them. Facts The claimant company (N) sought damages from the defendant company (P) for misrepresentation or breach of contract. N was a...

Summary On the true interpretation of a share sale agreement the expression "accumulated net worth" in the clause in issue meant "net assets". Facts The appellant company (S) appealed against a decision ((2005) EWHC 1565 (Ch)) that it was liable to the respondent (F) on F's counterclaim and F cross-appealed against the...

Summary The administrators of an insolvent company had not made out a sufficient case for the distribution to the company's former customers of certain funds held by them. A deed of trust executed by the administrators was treated as rectified to cover the relevant bank account and moneys it was...