Summary A provision in a sale and leaseback contract entitling the landlord buyer to retain 30 per cent of the purchase price if it terminated the tenancy pursuant to any right to do so under the tenancy agreement was not an unfair term under the Unfair Terms in Consumer Contracts Regulations 1999...

Summary Where a family company was a quasi-partnership with characteristics which, on principles of equity, engaged obligations that were common to partnership relations, it had been unjust or unfair to exclude a member from participation in its management without an offer to buy the minority shareholder's shares or make some...

Summary This case raised issues as to jurisdiction and discretion under s.48 of the Leasehold Reform, Housing and Urban Development Act 1993. The landlord asserted that the tenant’s application under s.48 had been made too soon and that, no later application having been made, the tenant’s claim was deemed...

Summary In construing the provisions of a commercial property development agreement concerning the payment of profit payments, the court had regard to a letter that it found to contain an offer capable of acceptance, which enabled the constitution of an accepted contract for the proper determination of the correct basis...

Summary A petitioner by substitution in an unsuccessful winding-up petition against a company was entitled to an order that its costs of the winding-up petition would be paid as an expense in the subsequent administration of the company, but there was no good or sufficient reason for its costs to...

Summary The Civil Jurisdiction and Judgments Act 1982 s.31 remained subject to the provisions of the State Immunity Act 1978 in respect of the circumstances in which the United Kingdom courts could exercise jurisdiction over states. Facts The appellant republic (R) appealed against a decision ((2009) EWHC 110 (Comm), (2009) QB 579) refusing to set aside...

Summary John Dagnall appeared for Christine Laird (“CSL”) was employed as Chief Executive of Cheltenham Borough Council (“CBC”) from 2002 until August 2005 when her employment terminated as a result of ill-health depression. Subsequently she was sued in misrepresentation with the employer alleging that she had fraudulently, and if not then negligently,...

Summary The domestic court did not have jurisdiction to determine part of a claim made by liquidators against a French company where there was no direct link between the proceedings and the insolvency legislation or the winding-up of the company with which the liquidators were concerned, and therefore the exception...

Summary A social landlord which not only rented out housing which a local authority had transferred to it, but had also performed refurbishment work on the housing on behalf of the local authority could not, for the purposes of corporation tax, deduct the expenditure incurred on that work from its...