Summary A request for a new business tenancy under the Landlord and Tenant Act 1954 was valid where the landlord had changed under the Railways Act 1993. Facts Railtrack appealed from the refusal of a County Court judge to strike out, as being an abuse of process, an originating application issued against...
Summary What documents should be disclosed by the Secretary of State for Trade and Industry to respondent directors in Company Directors Disqualification Act proceedings. Facts Applications for disqualification against four former directors of Astra Holdings Plc in which the respondent directors sought an order for inspection under RSC O.24 r.13...
Summary Whether vesting order should be made under s.51 Trustee Act 1925 in respect of intellectual property vested in company immediately before its dissolution. Facts This was an appeal from an order of Laddie J on 15 November 1996 dismissing an application made by originating summons. The relief claimed was a vesting order...
Summary Company director's application rejected that proceedings under the Company Directors Disqualification Act 1986 against him be stayed in consideration of his undertakings. Facts Company director's appeal from the decision of Rattee J that company directors disqualification proceedings against him would not be stayed against his undertakings which the Secretary of...
Summary Damages awarded to plaintiffs for surveyor's negligence held to be unaffected by the fact that the structural defects which the surveyor had failed to report on were subsequently rectified at no cost to the plaintiffs. Facts Surveyors' appeal against judgment for damages of #29k in negligence in respect of...
Summary Where there had been a novation of a contract of insurance, so that any payment to be made to the policy holder would be made by a third party which would derive the benefit of the reinsurance, there was no loss to the original reinsured. The liability to the...
Summary In an appeal from a decision of Master Muncaster the issue was whether parts of a statement of claim should be struck out: the question which the judge asked himself was "is it perfectly clear that this claim cannot succeed?". Facts The action arose out of the investment of #10...
Summary Appeal against a decision of Langley J on four issues arising from Baltic Insurance Group's ('Baltic') counterclaim. Following a commitment by Jordan Grand Prix Ltd ('Jordan') to pay bonuses to its employees if it finished in the top six in the 1994 Formula 1 World Championship, it insured against this contingent...