Summary It was not appropriate to strike out a tenant's claim for relief from forfeiture where the trial judge might conclude that the landlord could not insist on an authorised guarantee agreement within the meaning of the Landlord and Tenant (Covenants) Act 1995 s.16, put forward so that the lease could...

Summary A contractor's right to payment under a building contract incorporating the Institution of Civil Engineers Standard Form (6th edition) arose when an engineer's certificate was issued, or ought to have been issued, under clause 60 and not when the work was done. The failure to include a sum in an...

Summary A charge over book debts in a debenture which required the proceeds of the book debts to be paid into an account with the bank but placed no restriction on the use that could be made of the balance on the account thereafter was a floating and not a...

Summary The appellant building society (B) appealed against a decision ((2004) EWCA Civ 1063, (2004) C.P. Rep. 42) that their claim to recover a shortfall from a mortgage advance was time barred by the Limitation Act 1980 s.20(1). Facts The respondent mortgagors (W) had entered into a mortgage agreement with B and had defaulted...

Summary For the purposes of the Limitation Act 1980 s.8 and s.20, the date at which a building society's right accrued to recover the shortfall of a mortgage advance from the mortgagors was the date when the mortgagors defaulted in the monthly instalment payments. Facts The appellant building society (B) appealed...

Summary There could be no appeal under the Arbitration Act 1996 s.69 against the findings of fact in an award, since under s.69(3)(c) of the Act the facts had to be accepted for the purpose of any application for permission to appeal; it was not open to the court to...

Summary A decision not to order the issue of a letter of request under CPR r.34.13 was fundamentally flawed because without the letter of request the claimant would be denied the opportunity of relying on crucial evidence and would be denied justice. Facts The defendant (D) appealed against the refusal...

Civil evidence, letter of request for examination out of jurisdiction (led by Michael Driscoll QC).

Summary When assessing damages for negligent advice that had affected the value of a property a departure from the conventional diminution in value approach had to be justified on the evidence. Any alternative approach had be internally consistent and it could not be right to compare a pre-negligence assessment based...