Summary The claimant's application for summary judgment or to strike out the defence was dismissed because if the defendant's allegations were established at trial they would provide a defence. Facts The claimant company (D) applied for summary judgment or to strike out the defendant's (W) defence. The action had been...

Summary When deciding whether to dismiss an application under the Solicitors Act 1974 Sch.1 para.6(4), in circumstances where the Law Society's decision to exercise its statutory powers of intervention was not flawed, a court was not required to ask itself whether it should fashion an alternative remedy. Facts The appellant solicitor ...

Summary Where under the terms of the relevant agreements sponsorship monies were not "profits relating to or accruable from the event", the claimant had failed to establish a proprietary claim based on assignment. Facts The appellant (C) appealed against the dismissal of her action against the respondent first defendant (M)...

Summary The determination of a preliminary issue in relation to the proper construction of an agreement with regard to the release of funds out of a retention account established by an agreement for the purchase of the entire issued share capital of a company in order to meet any liabilities...

Summary Where claimants had deleted a claim by amendments to the particulars of claim, the claim was in substance discontinued and CPR r.38.6 applied so that the claimants were liable for the defendant's costs of the discontinued claim down to the date of discontinuance. Facts The applicants (R) applied for...

Summary The claimants had not established that the defendant had agreed to transfer half of his shareholding to another. Facts The claimants (S), who were three brothers, sought specific performance of an alleged agreement and the defendant (X) issued a petition under the Companies Act 1985 s.459. Retail businesses had been...

Summary In exercising the discretion under the Misrepresentation Act 1967 s.2(2) to award damages in lieu of rescission to a bank in respect of an agreement to waiver liability under guarantees, it was a necessary part of the judge's task to assess the prospects of the bank obtaining more, had the...