Summary A deed of variation which was designed to incorporate the terms of an overage agreement into a lease was not intended to vary a break clause in the lease by making its exercise dependent on a valuation of the property in question rather than a sale. Even if the...

Summary A bank was awarded indemnity costs orders against a litigant personally, and in his capacity as an administrator of his deceased mother's estate, on the basis that he had acted in breach of a warrant of authority in conducting litigation brought against the bank. Facts The applicant bank (B)...

Summary A Kazakhstan bank had not established that the English court was the most appropriate forum for resolution of disputes arising out of an alleged conspiracy to defraud it of £1.1 billion. Although two of the instruments used to further the fraud were expressly governed by English law, the essence of...

Summary The defendants to claims of breach of confidence and unlawful interference with business interests were successful in setting aside interim orders granted to the claimants on ex parte applications as they had established that the claimants had breached their duties to the court. Facts The first, second and third...

Summary Where neither the first instance court nor the Court of Appeal of the Bahamas had made a proper analysis of the evidence in proceedings concerning title to two areas of land, it was proper for the Board of the Privy Council to review the conclusions they had reached. Where...

Summary The Financial Services Authority had jurisdiction to petition for the winding up of a company that operated a landbanking scheme because that scheme constituted a collective investment scheme within the meaning of the Financial Services and Markets Act 2000 s.235, and the company had therefore been carrying on a regulated...

Summary The court was required to determine the validity and effectiveness of a number of contracts between companies through which two businessmen had managed their financial affairs. Facts The claimant companies (S and D) claimed damages for breach of contract from the defendants (T, E and M). The dispute arose...

Summary Although various warranties included in a share sale agreement did not constitute representations and there had therefore been no misrepresentation by the sellers of the shares in the company, the inclusion of inappropriate amounts in the company accounts as turnover gave rise to breaches of the warranties. Facts The...