Progress Property Co Ltd v Cornus Moore (2008)

Judgment Date: 15 Oct 08

Summary A company director had not been in breach of his fiduciary duty or his duty of skill and care in procuring the sale of shares in a group company and approving the price where he had intended the transaction to be at market value and the shareholders of the...

Chantry Estates (South East) Ltd v Anderson & Anor (2008)

Judgment Date: 03 Oct 08

Summary A property development company was entitled to summary judgment for specific performance of a contract containing an option to buy freehold property when it had not been possible to say that the contract required an implied obligation or limitation to make it work. Facts The applicant property development company ...

Julian Roger Herbert v (1) Leonard Doyle & Anor (2008)

Judgment Date: 30 Sep 08

Summary An amendment to a successful party's defence and counterclaim was permitted after judgment had been given: no new points or evidence were required and no substantial injustice was created for the other party. Facts The applicant property owners (D) applied for permission to amend their defence and counterclaim after...

M Ransom v Revenue & Customs Commissioners (SpC708) (2008)

Judgment Date: 29 Aug 08

Summary A taxpayer was found, on the balance of probabilities, to have filed an amendment to a tax return on time by delivering it by hand. Facts The appellant taxpayer (R) appealed against an amendment by the respondent commissioners to his self-assessment tax return. R had made a substantial trading...

Julian Roger Herbert v (1) Leonard Doyle (2008)

Judgment Date: 04 Aug 08

Summary A developer was not entitled to rely on proprietary estoppel to ensure that parking spaces were transferred to him in accordance with an oral agreement as, although he had relied to his detriment on that agreement, he had failed to satisfy other conditions in that agreement upon which the...

Daad Sharab v HRH Prince Al-Waleed Bin Talal Bin Abdal-Aziz-Al-Saud (2008)

Judgment Date: 31 Jul 08

Summary The forum of England and Wales was the forum in which a case could most suitably be tried in the interests of the parties and the ends of justice and it had been appropriate for a judge to grant ex parte permission for a claim form to be served...

SMQ v (1) RFQ (2) MJQ : RFQ v (1) MJQ (2) FBQ (2008)

Judgment Date: 31 Jul 08

Summary A proprietary estoppel arose in favour of a son who had paid for renovations on a property and moved into it in reliance on an agreement that the property would become his, contrary to his father's argument that he had retained ownership under an earlier agreement and that the...

Platform Funding Ltd v Bank of Scotland PLC (formerly Halifax PLC) (2008)

Judgment Date: 31 Jul 08

Summary The appellant firm of surveyors and valuers (X) appealed against a decision giving judgment for the respondent mortgage lender (P) on its claim for breach of contract. P had been approached by a borrower for a loan to be secured by a mortgage on a property. X purportedly provided...

Jirehouse Capital v Stanley Sherwin Beller (2008)

Judgment Date: 30 Jul 08

Summary The power of the court to make orders for security for costs against "companies" under CPR r.25.13(2)(c) was without distinction and included unlimited companies and those having only an individual member. Facts The appellant companies (J and K) appealed against a decision of the judge ordering them to...