Summary On an application to put in fresh evidence on appeal, the Court of Appeal should be particularly cautious where what was intended was to put in, in effect, further cross-examination of a witness, including an expert, where that expert or witness had been cross-examined at a trial. Facts The...

Summary There was no reason, in the circumstances, to depart from the general rule that costs should follow the event. The landlords, who were successful in their action against the tenants, were entitled to all their costs. Facts The court determined costs following a successful action by the claimant landlords ...

Summary The warranty that a solicitor gave was that he had a client who had instructed him to assert or deny the claims made in the proceedings against the opposing party. He did not warrant that the client had the name by which he appeared in the proceedings. As a...

Summary An agreement for the erection and maintenance of advertising displays on local authority land created a licence and not a tenancy, because the agreement between the parties did not sufficiently identify the land in respect of which a tenancy was said to have been created. Facts The appellant (C)...

Summary An arbitrator's decision, that on the true construction of a lease supplementary rent was required to be deducted from his determination of the yearly rental value, was obviously wrong. Facts The appellant landlord (W) appealed against an arbitrator's determination that supplementary rent was to be deducted from the yearly...

Summary A judge had been wrong to proceed to summarily determine a claim at a hearing that had been ordered to be a directions hearing. Facts The appellant company (T) appealed against a decision to summarily dismiss its claim to certain goods against the first respondent (G). T was the...

Summary There had been no reverter of the site of a school before the coming into force of the Reverter of Sites Act 1987, because until it had closed in 1995 the school had been used for the purpose of the education of poor persons within the School Sites Act 1841 s.2. Facts...

Summary Where the appellant had a remedy in damages, he could not be required to mitigate his loss by accepting an offer that would deprive him of his remedy. Facts The appellant vendor (V) appealed against the refusal of an award of damages against the respondent purchaser (R). R had...

Summary The underlying purpose of Council Regulation 44/2001 Art.6 was to avoid the risk of irreconcilable judgments in separate proceedings. Where a defendant in one set of proceedings was domiciled in England and other defendants in separate English proceedings were domiciled outside England, Art.6.1 applied as the claims in both proceedings...