SFH Trading & Brokerage Ltd v David Copley (2002)

Judgment Date: 18 Oct 02

Summary A guarantor was refused permission to appeal from a summary judgment granted four years earlier on a claim on the guarantee because he had no real prospect of success. Facts Application by the defendant ('C') for permission to appeal and for an extension of time for appealing from the...

Shaker v Mohammed Al-Bedrawi & Ors (2002)

Judgment Date: 18 Oct 02

Summary The so-called "Prudential principle" did not preclude an action brought by a claimant not as a shareholder but as a beneficiary under a trust against his trustee for an account of profits received in relation to shares which were the subject of the trust, unless it could be shown...

Mount Cook Land Ltd v Rosen (2002)

Judgment Date: 15 Oct 02

Summary A tenant was required to put up a realistic figure as the premium he proposed to pay for a new lease under s.4(3)(c) Leasehold Reform Housing and Urban Development Act 1993. Facts Application for a declaration that a s.42 notice served under the Leasehold Reform Housing and Urban Development...

Ezekiel v Fraser (2002)

Judgment Date: 04 Oct 02

Summary The hearing was an appeal from a decision of Master Moncaster, giving summary judgment in favour of the Claimants. The key issue on the appeal was which of successive bare possessors of land was entitled to possession as against the other. The Claimants (who had been there first) relied...

Peter Shalson & Ors v Onofrio Russo & Ors (2002)

Judgment Date: 02 Aug 02

Summary Although any penal or coercive element arising out of the first defendant's committal to prison was now spent, it would be inappropriate to permit his early release from prison in the light of his unwillingness to give promises of future cooperation on the form of undertakings. Facts Application by...

Redevco Properties v Mount Cook Land Ltd (2002)

Judgment Date: 30 Jul 02

Summary A tenant was not able to show at the summary judgment stage that the landlord had no real prospect of defending a claim that it had unreasonably withheld its consent to alterations. It was not appropriate to stay those proceedings pending the outcome of judicial review proceedings in respect...

Mahme Trust v Tayeb (2002)

Judgment Date: 26 Jul 02

Summary The payment of money to the chairman of a trust's managment committee was not authorised under Liechtenstein law. Facts (1) The payments to T had been authorised by the terms of an instruction to that effect to the Trust's bank signed by T. The claimants had failed to establish on...

Society of Lloyd’s v Sir William Otho Jaffray & Ors (2002)

Judgment Date: 26 Jul 02

Summary Lloyd's Names had not proved fraudulent misrepresentation by Lloyd's because they had failed to prove that the relevant individuals at Lloyd's did not believe the representations to be true or that they knew or were reckless as to whether they were true or untrue. There had been no procedural...

Bryant Homes Northern Ltd v David Thompson (2002)

Judgment Date: 25 Jul 02

Summary Where a caution against dealings was registered in accordance with the proviso to s.54(1) Land Registration Act 1925, it was inappropriate to enquire whether the Land Registrar had given a valid or proper consent to the registration. The fact of registration was sufficient proof of his consent. Facts Appeal by...