Summary The defendants were all directors of a company which operated as an independent financial adviser. The company was regulated by the Personal Investment Authority until the end of November 2001 and thereafter by the Financial Services Authority (FSA). In June 2003, the FSA commenced an investigation into the activities of the...

Summary A claimant bank, which made loan agreements secured against residential properties let on assured shorthold tenancies and subject to legal charges, was entitled to demand immediate repayment of the loans and to appoint receivers after the defendant borrowers defaulted on various terms of the agreements. Facts The claimant bank ...

Summary It was not within the purview of the court, hearing a case on an application for summary judgment, to determine complex questions of law and fact arising out of the construction of a contractual clause contained in an exclusivity agreement; the case necessitated a trial whereby all the evidence...

Summary A paradigm situation in which the court, exercising its jurisdiction under the Arbitration Act 1996 s.103(5), had to reconsider its earlier decision to adjourn the decision on enforcement of an arbitration award was where there had been a significant relevant development in the proceedings before the supervisory court. Facts The...

Summary An allegation of wilful wrongdoing by trustees was not arguable where they had heeded the legal advice given by their counsel and solicitor. Facts The appellant trustees (B) appealed against a decision ((2007) EWHC 1859 (Ch), (2007-08) 10 ITELR 329) striking out their claim for breach of trust against the respondents (F) who...

Summary Cases involving an inequality of arms did not call for some different or more rigorous test to be applied on applications for strike-out or summary judgment under CPR r.3.4(2) or CPR r.24.2 than those that were already the subject of substantial, consistent and well-settled authority. Facts The applicant twelfth...

Summary Although the tending and letting of fields to graziers constituted a business, it was one which consisted wholly or mainly of the holding of an investment and so the land was not a relevant business property for the purposes of the Inheritance Tax Act 1984 s.105. Facts The appellant personal...

Summary The substitution of one obligor for another in relation to a particular contractual obligation could take place only by novation, but it did not necessarily follow that where a particular obligation was novated by substitution of one obligor for another, the conclusion had to be that a large and...

Summary The conservators of Wimbledon and Putney commons had power under the Wimbledon and Putney Commons Act 1871 to grant an easement over an access way on the commons. Facts The appellants (H) appealed against a decision dismissing their application to register an easement over an access way on Wimbledon common....