Summary Where the costs of litigation were sought to be recovered as damages in a negligence action, the appropriate method of assessment was the amount that would be awarded on assessment by a costs judge on the standard basis. Facts The claimant (R) brought a claim in negligence against the...

Summary Two directors of a company were disqualified for the maximum period of 15 years where they had procured that company to purchase assets and liabilities of a partnership knowing, or being recklessly indifferent or grossly negligent to the fact, that it was effectively worthless. Facts The applicant secretary of state...

Chancery Division trial for breach of compromise agreement.

Summary In a hearing to assess the costs to be paid by an unsuccessful defendant, where the evidence showed no sufficient reason to believe that the claimant had retained his solicitors under a contingency fee agreement, the costs judge was under no obligation to enquire into the terms of that...

Summary Where a defendant construction company had, in a joint venture, built flats whose misdescription had been substantial, the claimant purchasers had been entitled to rescind or to complete and seek an abatement, so the defendant had not been entitled to require completion and was in repudiatory breach of contract....

Summary A trustee had acted properly and reasonably on the advice of solicitors in commencing and pursuing litigation on a trust matter as the claims in the litigation had a reasonable prospect of success. Consequently, the trustee had not acted in breach of trust by paying monies out of the...

Summary It was proper to grant rectification of an agreement for an underlease where, because of a mutual mistake, the agreement had not given full effect to the mutual intention of the parties. Facts The applicant buyer (M) applied for the rectification of an agreement for an underlease between it...

Summary The acceptance by a landlord of monies apportioned and paid by a tenant in respect of outstanding rent debts meant that the landlord waived the right to forfeiture of a lease. Facts The appellant lessee (T) appealed against a decision that it had forfeited its lease on commercial premises....