Summary The obligation in a joint venture agreement on one party to procure that a loan was repaid by another party imposed an obligation on the first party to see to it that the second party repaid the loan or, in the event that the latter defaulted, to pay damages...

Summary The applicant company, which had applied to continue a freezing order granted against the respondent, had failed to satisfy the relatively high burden of establishing a real risk that the respondent would dissipate its assets. Facts The applicant (C) applied to continue a freezing injunction which had been granted...

Summary A blockage of windows for the entirety of the prescription period prevented a right to light through those windows being acquired on behalf of the dominant tenement. Facts The claimant company (T) applied for an injunction to prevent interference with its right to light in respect of four windows...

Summary The appropriate test for permission to bring a derivative claim was the view of a hypothetical and independent board of directors, and a court had not to assert its own view but merely be satisfied that such a board could take the decision that the minority shareholder applying for...

Summary An individual through his control of a corporate director could constitute himself a de facto director of a subsidiary company; whether he did so would depend on what he procured the corporate director to do. Facts The applicant secretary of state applied under the Company Directors Disqualification Act 1986 s.6...

Summary There was no equivalent in the Civil Procedure Rules 1998 to the express requirement in the Rules of the Supreme Court O.18 r.8(1)(b) that it was necessary to plead foreign law. However, it would be inconsistent with Part 16 r.16.4(1)(a) of the 1998 Rules and with the overriding objective to...

Summary Where the defendants had exercised control over three companies in an area of corporate affairs as critical as the application of trading income and the payment of trade creditors, they had been directors or shadow directors, and their conduct in trading to the detriment of creditors and failing to...

Summary A judge should have declined to decide as preliminary issues questions that ultimately involved issues of fact and not law, since his conclusion could only have been reached on the assumption that all the facts alleged and no others were established at trial. The judge had been wrong in...

Summary An incorporeal hereditament, such as the right to use a parking space, could constitute premises for the purposes of the Landlord and Tenant Act 1954 s.23 . In order to occupy premises for the purposes of s.23 a tenant did not have to be physically present in the premises if he...