Summary A liquidator's application for relief on the grounds that a covenant by the company to make a substantial payment to compromise litigation arising out of a dispute over ownership of the company was a transaction at an undervalue was not dismissed at an interlocutory stage as there were real...

Bankruptcy, choses in action and assignment.

Summary The construction and/or use of part of a property as a roadway infringed a restrictive covenant contained in clause 2 of a conveyance which affected the property. Facts The appellants (M) appealed against a decision that the construction and use of a roadway would not infringe a restrictive covenant...

Summary The claimant widow (L) appealed against a decision refusing her applications for disclosure by the defendant (Y), half-brother of the deceased (D), a national of Saudi Arabia, of all the assets of D in his possession or control and to restrain Y from dealing with any asset that formed...

Summary While the appellant had been in breach of a tenant's covenant, he had not been afforded enough time to respond and remedy the breach. Four working days to respond to a notice under the Law of Property Act 1925 s.146 had not been a reasonable period. Facts The first defendant ...

Summary There had to be continuity on the part of the freeholder or, if the freehold was held on trust, on the part of the person having an interest under the trust, in order to satisfy the test of continuity of ownership in the Leasehold Reform, Housing and Urban Development...

Summary There had been a legally binding agreement between the claimant and his former firm of solicitors to pay the claimant a monthly fixed sum for three years. Facts The claimant (J) claimed money from the defendant (H) under an alleged contract regarding the terms of J's retirement from practice...

Summary The defendants' application for permission to appeal from the making of a charging order absolute was refused on the ground that there was no arguable case that the judge had overlooked evidence, which would have made a material difference to his decision. Facts The defendants sought permission to appeal...

Summary The approach in determining the market value of a taxpayer's shareholding in a company was to determine the price a hypothetical purchaser would pay. A fair figure for the net sustainable pre tax profit of the company was a figure that took into account various factors including the history...