Summary Fraud - allegations of fraud - summary judgment

Summary Where, on a true interpretation of a deed imposing height restrictions on buildings, there was no uniform horizontal restriction, but an angled building line allowing increases in height according to the distance behind the facade, a developer was not in breach of the deed by making his new building...

Summary The process of distraint against goods for unpaid tax under the Taxes Management Act 1970 s.61 was not a form of execution within the Insolvency Act 1986 s.183 which prevented the creditor from retaining the benefit of execution, unless the execution had been completed before the commencement of the winding up....

Summary The trial judge, on the evidence before him, was entitled to conclude that the local authority, the owner of a racecourse, held out the chief executive of a racecourse management company as having authority to enter into an agreement with the claimant company on the local authority's behalf in...

Summary On the unusual facts of the case, the transfer of a business previously owned and run by a partnership to a limited company did not operate to dissolve the partnership as one of the partners had not been involved in the decision to transfer and had not been allocated...

Summary It was not appropriate to strike out a tenant's claim for relief from forfeiture where the trial judge might conclude that the landlord could not insist on an authorised guarantee agreement within the meaning of the Landlord and Tenant (Covenants) Act 1995 s.16, put forward so that the lease could...

Summary A contractor's right to payment under a building contract incorporating the Institution of Civil Engineers Standard Form (6th edition) arose when an engineer's certificate was issued, or ought to have been issued, under clause 60 and not when the work was done. The failure to include a sum in an...

Summary A charge over book debts in a debenture which required the proceeds of the book debts to be paid into an account with the bank but placed no restriction on the use that could be made of the balance on the account thereafter was a floating and not a...