Nigel Hill & Adrian Stanway v Gary Phillips & Carr Sheppards (1999)
Judgment Date: 22 Jan 99
Summary The courts continued to express a marked reluctance to find a contractual or tortious duty of care upon bankers as advisers. In appropriate circumstances, injunctive relief was available to prevent related proceedings outside the jurisdiction. Facts Appeal by the defendant merchant bank ('F') against dismissal of its two summonses: ...
Summary A constructive trust was not the appropriate remedy where a third party acquired a business opportunity honestly but arose as a result of a breach of fiduciary duty on the part of the plaintiff's business advisers. * Leave to appeal to the House of Lords refused. Facts The defendants appealed...
Summary A clause providing for the suspension of rent where demised premises were so badly damaged as to be unfit for occupation did not apply to sums reserved by way of additional rents. Facts Summons issued pursuant to RSC O.14A by the plaintiff landlord ('P&O'), seeking determination of...