Summary There was no evidence from which the judge could have properly concluded that the Law Society had a real prospect of succeeding on its claim under s.423 Insolvency Act 1986 to set aside transfers of chattels made by a deceased solicitor. Facts Defendant's ('D') appeal from that part of the...

Summary Although not an act of the company, a director's conduct in withdrawing from the management of that company amounted to a breach of an agreement concerning the company's affairs and thus justified a winding-up petition under s.459 of the Companies Act 1985. Facts Trial of two winding-up petitions concerning a...

Summary The mere banking of a cheque by the Inland Revenue did not give rise to any contract whereby it accepted the amount of that cheque in full and final settlement of the amount of tax due from the taxpayer. Facts Claimant's action for £113,082 odd plus interest in respect of...

Summary Covenants by a landlord that were expressed to be "personal" to that landlord were not "landlord covenants" and could not, therefore, be released by notice served under s.8 Landlord and Tenant (Covenants) Act 1995. * Leave to appeal to the House of Lords refused. Facts Appeal by the first defendant ('Chesterfield')...

Summary The claimant, in an action for negligent misstatement, had to plead the circumstances on the basis of which it alleged that the defendant knew of the intended transaction of the claimant and its reliance on the defendant for that purpose. A subsidiary auditor was not to be treated as...

Summary A CPR Part 20 claim for a contribution was allowable where the parties were each liable for the same damage even though the nature of the parties' liability differed. Facts Appeal by the claimant ('H') from a decision of the High Court striking out a Part 20 claim by the defendant ...

Summary It was permissible for the Court of Appeal to make the prosecution of an appeal conditional on the payment of the judgment debt against which the appeal was being brought, even if the appellant might have to obtain the necessary funds from a third party. Facts Cross-applications by: (i)...

Summary A covenant in a lease by which the lessee agreed to erect a building development fit for uses within certain specified classes of the Town and Country (Use Classes) Order 1963 did not mean that the demised land could only be used for those purposes. A landlord would rarely be...

Summary Rent Review. Whether tenant's adjoining freehold premises had implied easement over leasehold land or whether leasehold land had special value for providing access. Facts Appeal by the claimant ('M') from the decision of Kevin Garnett QC by which he dismissed M's claim for a declaration that it was entitled...