Tiffany Investments Ltd v Bircham & Co Nominees (No.2) Ltd

Judgment Date: 04 Dec 03

Summary Lessors were entitled to an equitable interest in a lease where assignees of a long lease contracted to sell the lease to a third party without first offering the lease to the lessors, as they were obligated to do under the lease. Section 17 Landlord and Tenant Act 1954 did not...

UCB Group Ltd v Gillian Hedworth (2003)

Judgment Date: 04 Dec 03

Summary In the instant case, reason and justice demanded that the doctrine of subrogation be applied so that the claimant was entitled by "sub-subrogation" to a lien over a property. Facts Appeal by the defendant ('G') from an order for possession of a property made by Recorder Narayan on 1 February 2002...

Digital Equipment Co Ltd & 8 Ors v Simon Peter Bower & Ors (2003)

Judgment Date: 04 Dec 03

Summary Costs orders made against a company's liquidators following civil proceedings undertaken by them had, in relation to the company's assets, priority over the general expenses of the liquidation and in particular over the legal costs which the liquidators had incurred in bringing their failed proceedings. Facts The applicants (D)...

Aldi Stores Ltd v Holmes Buildings Plc & Ors (2003)

Judgment Date: 01 Dec 03

Summary The Part 20 claimant's procedural error did not amount to an abuse of process so there were no grounds for refusing it permission to amend its pleadings. Facts CPR Part 20 claimant's ('H') appeal from the order of HH Judge Bowsher on 18 July 2003 to dismiss H's application to amend pleadings on...

Hamid Naghshineh & Ors v Harold Percy Chaffe & Ors (2003)

Judgment Date: 27 Nov 03

Summary When ordering different amounts of security for costs in respect of different claimants in the same action the Master had applied the correct legal principles and had exercised his discretion correctly. Facts Appeal by the defendants against part of an order made on 2 June 2003 by Deputy Master Rhys in...

Secretary of State for Trade & Industry v Goldberg

Judgment Date: 26 Nov 03

Summary A former director of several companies was to be disqualified from being concerned in the management of a company for a minimum of two years, where he had, inter alia, breached fiduciary duties owed as a director and ignored statutory obligations relating to the filing of accounts and returns....

(1) ABBOTT (2) BARWICH V PRICE (2003)

Judgment Date: 26 Nov 03

Summary No partnership had subsisted between the claimants and the defendant. The defendant was the sole proprietor of the business. As an employee, the first claimant had been in breach of his contract of employment by carrying out private deals without the knowledge or consent of his employer. Facts Action...

Silven Properties Limited v Royal Bank of Scotland (2003)

Judgment Date: 21 Nov 03

Summary On the exercise of a power of sale over mortgaged property, the mortgagee or a receiver appointed by the mortgagee were not under a duty to pursue applications for planning permission or complete the grant of leases in order to increase the likely best price reasonably obtainable on sale....

First Penthouse Ltd v Channel Hotels and Properties (UK) Ltd (2003)

Judgment Date: 14 Nov 03

Summary The holder of the leasehold reversion on a lease had unreasonably refused consent to assignment of the lease by a mortgagee and had waived the right to forfeit the lease for breach of a covenant to carry out and complete the development project expeditiously Facts Two actions relating to...