Summary Application by the claimant ('UCB') for summary judgment under CPR Part 8 to vacate a caution registered in respect of a property for which the defendant ('D') claimed to be in receipt of the rents and profits within the meaning of s.70(1)(g) Land Registration Act 1925. D's husband ('H'), a...

Summary The claimant shareholders had no real prospect of establishing that the defendant chargee had exercised its right to take possession of the shares for the collateral purpose of forcing the claimant's company out of business. Facts Claimants' appeal from part of a decision of Master Bowman by which he...

Summary The English courts had jurisdiction to hear claims arising from a contract made under French law but in which one party reserved the right to elect any other jurisdiction which was competent under the Brussels Convention 1968 and due to differences between French and English law the English courts were...

Summary On its true construction, a right of pre-emption in favour of the defendants as "transferee" was exercisable only while they both remained beneficial owners of the property transferred to them. The right was lost by the execution of a deed of gift whereby one of the defendants disposed of...

Summary An order allowing an amendment to statements of claim did not give rise to a new cause of action and was accordingly upheld. Facts Appeal from the order of Rimer J, sitting as the designated judge of the Abbey National Managed List, dated 14 February 2001, allowing Abbey National permission to...

Summary In a successful appeal from an order for possession, the trial judge had incorrectly construed an option to renew a lease as if it expressly provided that the deadline for service of the option notice was the expiry of the contractual term. Further, the trial judge should have allowed...

Summary An agreement to provide car parking facilities upon premises, taken as a whole, did not create a tenancy because exclusive possession was not granted under the agreement. Facts Appeal by National Car Parks Ltd ('NCP') from the decision of Judge Rich QC dismissing NCP's claim for a declaration that...

Summary In dealing with a father who had made his case into a public cause celebre, the court gave guidance on the drafting, granting and limitations of injunctions in personam and contra mundum. Facts Cross applications made in family proceedings. H was the father of three children who lived with...

Summary Directors who disposed of a company's property in breach of their fiduciary duties were to be treated as having committed a breach of trust, and so were to be treated as constructive trustees of any such property that came into their hands. Pursuant to s.21(1)(b) Limitation Act 1980, there...