Summary The absence of any realistic prospect of a dividend being paid to preferential and unsecured creditors did not invalidate a proposal for a voluntary arrangement under s.1 Insolvency Act 1986. Although the arrangement did not amount to a composition under s.1(1) of the Act, it did amount to a scheme...

Summary Construction of a contract, for the provision of a floating production storage and offtake facility, in relation to payments made during the time when the facility was taken off-field for repair. Facts Appeal by the claimant from the judgment of Thomas J dismissing their claim in respect of five...

Summary Where a solicitors partnership was dissolved and there were two large claims handling agreements outstanding, the correct method for dealing with work in progress was to: (i) consider them as a whole; then (ii) to establish the percentage of work that had been completed at the date of dissolution;...

Summary Orders for summary judgment or interim payments on various claims by the claimant companies arising out of the misfeasance of two of their former directors. Facts Application by the claimant group of companies ('ACP') for summary judgment under CPR Part 24, or for an interim payment under CPR Part 25. The...

Summary The principle in Prudential Assurance Co Ltd v Newman Industries (1982) Ch 204 would not operate to deprive a claimant of an otherwise good cause of action in a case where: (i) the claimant could establish that the defendant's conduct had constituted a breach of some legal duty owed to him...

Summary The tenant was in breach of repairing covenants and accordingly liable for damages subject to a cap imposed by s.18 Landlord and Tenant Act 1927. Facts Claim for damages for terminal dilapidations in respect of business premises ('the premises'). The claimant ('M') was the freehold owner of the premises, which...

Summary Although the trustees of an almshouse scheme had not invited representations from the applicant before setting aside her appointment as an almsperson, they had done just enough properly to inform themselves before making that decision. A decision of the Charity Commissioners in the exercise of their supervisory role was...

Summary The imposition on a reporting accountant of a duty of care owed to the Law Society, for whose purposes the accountant's report was required, was fair, just and reasonable. The report was intended to assist the Law Society in deciding whether and when to exercise its powers of intervention...

Summary A written agreement recording a reviewed rent which had been determined on the basis of a common mistake was to be rescinded, and the amount of any overpayment was recoverable as money had and received. However, interest on the amount overpaid was payable from the date when the claim...