Summary A claim for damages for breach of trust was struck out as the pleaded particulars of claim did not indicate any wilful and individual wrongdoing on the part of the trustees when they granted options to purchase shares that were the subject matter of the trust. Facts The applicant...

Summary Under the Lugano Convention Art.5(1), once there was found to exist a relevant "obligation" having contractual effect on which a party was entitled to rely and for breach of which he was entitled to claim relief in contract, the place of performance of the obligation was the place where...

Summary Where a trader had actual knowledge that he was participating in a transaction which formed part of a chain whose purpose was the fraudulent evasion of tax, or had failed to take all reasonable steps to guard against it, then even when he had no privity of contract with...

Summary An inference of an implied agreement to form a partnership might be legitimate if the parties had not addressed in express terms what the basis of their business should be, but if they had discussed the subject expressly and had not reached agreement because one party declined the other's...

Summary Particulars of claim of a barrister seeking payment of fees and damages against a client were struck out where the particulars were excessively lengthy, contained details that were irrelevant to the cause of action, contained a large number of terms that were simply incomprehensible and contained material that was...

Summary A written agreement that one party would sell a property to another at a certain price had not on its face been a deed, and although the language of the agreement and the fact that it was signed and witnessed indicated that it had been intended to have legal...

Summary Funds placed with a hawala company for transfer to a foreign account had not been held on trust as the hawala system was totally inconsistent with the existence of a trust and it was inherent in the system that customers' funds were consolidated and constituted the general funds of...

Summary On the application of a beneficiary under an agreement to maintain mutual wills, the court exercised its discretion under the Judicial Trustees Act 1896 s.1 to remove a personal representative of the estate of the deceased and replace her with a neutral, independent person, where she had failed to execute...