Summary The appellant building society (B) appealed against a decision ((2004) EWCA Civ 1063, (2004) C.P. Rep. 42) that their claim to recover a shortfall from a mortgage advance was time barred by the Limitation Act 1980 s.20(1). Facts The respondent mortgagors (W) had entered into a mortgage agreement with B and had defaulted...

Summary For the purposes of the Limitation Act 1980 s.8 and s.20, the date at which a building society's right accrued to recover the shortfall of a mortgage advance from the mortgagors was the date when the mortgagors defaulted in the monthly instalment payments. Facts The appellant building society (B) appealed...

Summary There could be no appeal under the Arbitration Act 1996 s.69 against the findings of fact in an award, since under s.69(3)(c) of the Act the facts had to be accepted for the purpose of any application for permission to appeal; it was not open to the court to...

Summary A decision not to order the issue of a letter of request under CPR r.34.13 was fundamentally flawed because without the letter of request the claimant would be denied the opportunity of relying on crucial evidence and would be denied justice. Facts The defendant (D) appealed against the refusal...

Civil evidence, letter of request for examination out of jurisdiction (led by Michael Driscoll QC).

Summary When assessing damages for negligent advice that had affected the value of a property a departure from the conventional diminution in value approach had to be justified on the evidence. Any alternative approach had be internally consistent and it could not be right to compare a pre-negligence assessment based...

Summary The claimant company had a reasonably good prospect of establishing at trial that the defendants' use of a highway had been unreasonable and an interim injunction was granted. Facts The claimant company (B) sought an interim injunction requiring the defendant companies to maintain a clear corridor along a public...

Summary The opening of a bank account by a father for use in his son's business was not objectively calculated to give rise to third parties concluding that father and son were conducting the business in partnership and did not authorise the son to represent that he was trading in...

Summary Where a covenant in a conveyance prohibited certain building works without the covenantee's consent "to the size nature materials and colour thereof" a duly requested consent under the covenant was not to be unreasonably withheld. Facts The claimant property owners (R) took proceedings against the defendant trustees (B) and...