Summary The purchaser of property was entitled to a declaration that, on the proper construction of an overage clause in the sale and purchase agreement, the vendors were not entitled to an additional sum in respect of each flat subsequently constructed on the property. Facts The claimant (W) sought a...

Summary The dishonest, unilateral alteration of a share agreement, which had the effect of ensuring that the defendants alone enjoyed the benefit of the exploitation of an invention, amounted to breach of contract and breach of their fiduciary duty as directors to act for a proper purpose and in the...

Summary A company director had failed to comply with an agreement made with the other director and his actions were both contrary to that agreement and contrary to good faith and were thereby unfairly prejudicial to the interests of a shareholder. Facts The petitioner (R) issued a petition concerning the...

Summary There was no constitutional principle or rule of law that the Crown could not plead adverse possession where its original entry on to the land was unlawful. Facts The appellant (R) appealed against a decision ((2007) EWHC 513 (Ch), (2007) 2 P) that the respondent commissioners had acquired title by adverse possession to...

Summary Despite the risk of inconsistent decisions in proceedings in England and Italy, the English court declined to order a stay, on case management grounds, of an issue in the English proceedings pending determination of that issue in Italy. Facts The applicant (L) applied for an order staying the determination...

Summary In the circumstances money paid to a company with the intention that the company would issue shares in return was to be treated as a contribution to capital and not as a loan to which the "value received" provisions in the Taxation of Chargeable Gains Act 1992 Sch.5B para.13...

Summary Where the claimant's assertion that he retained a beneficial interest in property was a fairly fantastic one, and unsupported by evidence or the actions of any of the parties involved, the judge had been entitled summarily to dismiss a claim for declaratory relief in those terms. Facts The appellant ...

Summary Brickshale and fireclay, in the wider sense of any brick making clay which had economic potential, were not within the expression "other... minerals" in an exception and reservation of minerals in a 1921 conveyance. Facts The appellants (C) appealed against a decision that brickshale and what was described as fireclay...

Summary The right of all parties to a fair trial meant that it was appropriate to restrain the defendants from threatening any disciplinary proceedings against a United States lawyer which might inhibit or prevent him from being willing to give evidence in English proceedings in which they were involved. Facts...