Summary A bankrupt's claim for breach of contract and negligence against his trustee in bankruptcy was struck out under CPR r.3.4(2), on the grounds that the claim form disclosed no reasonable grounds for bringing the claim and that it was an abuse of the court's process. Facts The defendant applied...

Summary In the face of evidence that a bank had made representations to the effect that it had not sought to manipulate LIBOR rates and would not seek to do so, a judge hearing a claim based on losses incurred by the bank's customer as a result of terminating interest...

Summary The test for whether an alternative means of service of proceedings should be permitted under CPR r.6.15 in a Hague Service Convention case was whether there was a "good reason"; that did not require exceptional, special circumstances. A UK company was permitted to serve proceedings on an organ of...

Summary Where a master heard an application in 2017 for permission to continue a claim as a derivative action, CPR PD 19C had not required him to refer the application to a judge. The application to continue the claim as a derivative action had originally been made in 2006, before the Practice...

Summary In relation to a shipbuilding contract entered into by a Mexican buyer and governed by English law, a decree made in Mexico that the tender process leading to the contract was a nullity did not deprive an arbitrator who had determined a dispute in the seller's favour of substantive...

Summary Various owners and occupiers of land forming part of a former military aerodrome had not established a right of way, either by express or implied easement, prescription or lost modern grant, over a service road through part of the former aerodrome that had become an industrial estate. Facts The...

Summary Judgment debtors were refused an extension of time to make payments in instalments where they had failed to meet the first due date. They had been unable to sell assets, permission to appeal against the judgment had been refused, and the creditor was prejudiced by continuing to be denied...

Summary The court interpreted agreements by which a video games development company had agreed to accept funding from a loan company, secured by various charges. In particular, it determined that the funder had no security or other proprietary interest in monies in the company's bank accounts, derived from tax credits....

Summary In calculating marriage value for the purposes of determining the premium to be paid for the acquisition of a new lease under the Leasehold Reform, Housing and Urban Development Act 1993 Pt I, the Upper Tribunal had been entitled to have regard to real-world transactions in which the lease attracted...