Summary Although the terms of an assignment had been agreed, there had been no equitable assignment prior to the completion of a deed of assignment since the assignor had not given an outward expression of its intention to make an immediate disposition of the subject matter of the assignment. Facts...

Summary Grant of an interim injunction, requiring access to be allowed in order to construct a road, refused. Facts The claimant and the defendant entered into an agreement in respect of the construction of a power station on the claimant's land, and the construction of a business park on an...

Summary On the proper construction of a lease, the lessee was liable to pay to the lessor advance sums in respect of the service charge for which the lease provided. Facts The court had to determine issues concerning the construction of a lease. The claimant (W), which was a subsidiary...

Summary Mr and Mrs Hollens traded in partnership which carried on business as a retail fast food business operating from a mobile van which was owned by the partnership. Mr and Mrs Hollens and the partnership were each insolvent. Mr and Mrs Hollens petitioned for his/her own bankruptcy. Acting...

Summary On its proper construction, a rent review clause in a lease of a computer data centre required that the open market rent of the building was to be assessed on the assumption that the demised premises comprised high class commercial offices. Facts The claimant landlord (S) brought a Part 8...

Summary The effect of a supplemental deed between a landlord and a partnership, as the assignee of an underlease, was to restrict the assignee's liability for rent to the partnership assets to the exclusion of the personal assets of individual partners and in the case of default to limit any...

Summary Monies claimed by parties to have been loaned by one party to the other party were not on the evidence so lent by either party so that no liability attached to either party for repayment of any of such monies. Facts The claimant company (S) claimed the sum of $958,000...

Summary A mineral exhaustion certificate provided by a surveyor under a lease was invalid as the surveyor had departed from his instructions and had mistakenly considered the wrong subject matter. Facts The claimant lessor (H) brought a Part 8 claim relating to the validity of a mineral exhaustion certificate served under...

Summary The deceased died in 1992. Claims by potential creditors had been intimated against the estate but had either never been pursued or litigation had stalled for a number of years. If certain of those claims were justified then the estate would have been insolvent. The administrators (one of whom was...