Summary A member of a company pension scheme, retiring from service before normal retirement date on the grounds of redundancy, could only take an immediate pension which was not reduced actuarially to reflect the acceleration of payment, if the employer gave its consent to the unreduced provision. Facts The trustee...

Summary Application by the CPR Part 20 defendant ('HBB') to strike out a Part 20 claim brought against it by the respondent insurance brokers ('M&G'). The claimant in the action was the building and design contractor for the development of some industrial premises which developed subsidence problems. The claimant's case against...

Summary The provision of a new house could not constitute an "improvement" for the purposes of s.9(1A)(d) Leasehold Reform Act 1967. The beneficiary of a building agreement in whose favour a lease would be granted upon completion of the house was not then a tenant, either in law or...

Summary Where an employer decided to close an existing pension scheme to new entrants, and created a new scheme which would coexist with the original scheme, there was no objection to the employer funding its contributions in respect of the new scheme from the surplus in the fund which had...

Summary The trial judge had wrongly dismissed the first appellant's explanation that he was the innocent recipient of moneys that were part of a fraudulent transaction. Given the judge's findings of fact in relation to the culpability of the second appellant, any theoretical differences between Spanish law and English law...

Summary The "main structure" of a modern block of residential flats was to be construed as including not only the bare concrete shell of the building but also whatever additional surfaces were created by the landlord in order to make that shell a complete and effective structure for the purpose...

Summary Where an application was made for the disqualification of a director in her absence, the court had an unlimited power to set aside the order if appropriate. Facts Appeal by the Official Receiver ('OR') against a decision to adjourn directors' disqualification proceedings against the second respondent ('H'). The OR...

Summary There was no sustainable basis for challenging an inspector's refusal to grant planning permission for an extension to a bungalow in an area of outstanding natural beauty and an area of great landscape value. Appeal by the claimant ('R') pursuant to s.288 Town and Country Planning Act 1990 from a...

Summary A successful party was not to be deprived of part of its costs on the basis that the litigation, conducted at arm's length, was a test case and that the judgment might be of assistance to that party in the future. Facts Claimants' appeal from the order of HH...