Summary Where an application was made for the disqualification of a director in her absence, the court had an unlimited power to set aside the order if appropriate. Facts Appeal by the Official Receiver ('OR') against a decision to adjourn directors' disqualification proceedings against the second respondent ('H'). The OR...

Summary There was no sustainable basis for challenging an inspector's refusal to grant planning permission for an extension to a bungalow in an area of outstanding natural beauty and an area of great landscape value. Appeal by the claimant ('R') pursuant to s.288 Town and Country Planning Act 1990 from a...

Summary A successful party was not to be deprived of part of its costs on the basis that the litigation, conducted at arm's length, was a test case and that the judgment might be of assistance to that party in the future. Facts Claimants' appeal from the order of HH...

Summary The absence of any realistic prospect of a dividend being paid to preferential and unsecured creditors did not invalidate a proposal for a voluntary arrangement under s.1 Insolvency Act 1986. Although the arrangement did not amount to a composition under s.1(1) of the Act, it did amount to a scheme...

Summary Construction of a contract, for the provision of a floating production storage and offtake facility, in relation to payments made during the time when the facility was taken off-field for repair. Facts Appeal by the claimant from the judgment of Thomas J dismissing their claim in respect of five...

Summary Where a solicitors partnership was dissolved and there were two large claims handling agreements outstanding, the correct method for dealing with work in progress was to: (i) consider them as a whole; then (ii) to establish the percentage of work that had been completed at the date of dissolution;...

Summary Orders for summary judgment or interim payments on various claims by the claimant companies arising out of the misfeasance of two of their former directors. Facts Application by the claimant group of companies ('ACP') for summary judgment under CPR Part 24, or for an interim payment under CPR Part 25. The...

Summary The principle in Prudential Assurance Co Ltd v Newman Industries (1982) Ch 204 would not operate to deprive a claimant of an otherwise good cause of action in a case where: (i) the claimant could establish that the defendant's conduct had constituted a breach of some legal duty owed to him...

Summary The tenant was in breach of repairing covenants and accordingly liable for damages subject to a cap imposed by s.18 Landlord and Tenant Act 1927. Facts Claim for damages for terminal dilapidations in respect of business premises ('the premises'). The claimant ('M') was the freehold owner of the premises, which...