Summary In sanctioning the commencement of proceedings for breach of equitable and/or fiduciary duty against a court-appointed receiver of a partnership business, the court would only permit the proposed claimant to pursue those losses suffered by him in his capacity as a partner, and not as a disappointed purchaser,...

Summary In sanctioning the commencement of proceedings for breach of equitable and/or fiduciary duty against a court-appointed receiver of a partnership business, the court would only permit the proposed claimant to pursue those losses suffered by him in his capacity as a partner, and not as a disappointed purchaser,...

Summary Putting pressure on a tenant to sell a lease back was not a good ground for the landlord to withhold consent to alterations to leasehold property. Facts Applications by the tenant ('T') for a declaration that the defendant landlord ('D') had unreasonably withheld its consent to proposed alterations to...

Summary By a pre-emption agreement between the parties the defendant did not acquire an equitable interest in land unless the claimant accepted a purchase offer by it. In the circumstances the cautions lodged by the defendant should be vacated. Facts Application by the claimant ('SSL') to vacate cautions registered on...

Summary The degree, if any, to which the value in money or money's worth of the benefit of a life assurance policy as at the date of its assignment to the defendant was affected by the knowledge that the insured was shortly to undergo hazardous surgery was a matter for...

Summary The Solicitors Accounts Rules overrode any contractual duty of confidence that might subsist between solicitor and client. Facts Application by the claimant for a declaration as to whether or not he had breached r.27 Solicitors Account Rules 1991 ('the Rules') by refusing to comply with the defendant's requirement to produce...

Summary Where all the shareholders of a company had unanimously agreed, at a meeting, to the transfer of company property to certain of those shareholders and directors, the fact that the meeting was termed a "board meeting" and that there was no shareholders' resolution giving prior approval to the transfer,...

Summary Determination of preliminary issues arising out of the collapse of an investment scheme. Facts Application by the claimant custodian trustee company ('T') for the determination of three preliminary issues in a proceedings which arose out of the collapse of an investment scheme organised by the first defendant ('P'). In 1999...

Summary In making an order for specific performance on an application for summary judgment, the judge had erred in finding that there was no evidence of impossibility to perform. Facts Appeal by the first defendant ('MPG') from Pumfrey J's order of 15 March 2002 on a CPR Part 24 application by the claimant ...