Summary A proviso to the rent review provisions in a lease did not create an independent obligation rendering the tenant liable for damages in case of breach. Facts The claimant landlord ('B') appealed against the decision of Simon Berry QC sitting as a deputy judge trying a preliminary issue on...

Summary The appropriate forum for a debtor to raise arguments under s.375(1) Insolvency Act 1986 was on his application for permission to appeal. Facts Debtor's ('E') application under Insolvency Act 1986 to vary an order of 27 February 2003, by which a deputy judge dismissed E's appeal on the basis that it could not...

Summary The First to Fifth Claimants were the freehold and head leasehold owners of County Hall, London. The Sixth Claimant was underlessee of part of the first floor. The Defendant (operator of the Saatchi Gallery) was sub-underlessee of part of the Sixth Claimant's premises. Disputes arose as to the Defendant's...

Summary Lessors were entitled to an equitable interest in a lease where assignees of a long lease contracted to sell the lease to a third party without first offering the lease to the lessors, as they were obligated to do under the lease. Section 17 Landlord and Tenant Act 1954 did not...

Summary In the instant case, reason and justice demanded that the doctrine of subrogation be applied so that the claimant was entitled by "sub-subrogation" to a lien over a property. Facts Appeal by the defendant ('G') from an order for possession of a property made by Recorder Narayan on 1 February 2002...

Summary Costs orders made against a company's liquidators following civil proceedings undertaken by them had, in relation to the company's assets, priority over the general expenses of the liquidation and in particular over the legal costs which the liquidators had incurred in bringing their failed proceedings. Facts The applicants (D)...

Summary The Part 20 claimant's procedural error did not amount to an abuse of process so there were no grounds for refusing it permission to amend its pleadings. Facts CPR Part 20 claimant's ('H') appeal from the order of HH Judge Bowsher on 18 July 2003 to dismiss H's application to amend pleadings on...

Summary When ordering different amounts of security for costs in respect of different claimants in the same action the Master had applied the correct legal principles and had exercised his discretion correctly. Facts Appeal by the defendants against part of an order made on 2 June 2003 by Deputy Master Rhys in...

Summary A former director of several companies was to be disqualified from being concerned in the management of a company for a minimum of two years, where he had, inter alia, breached fiduciary duties owed as a director and ignored statutory obligations relating to the filing of accounts and returns....