Jason Victor Fuller (part 20 claimant) v (1) Diana Carolyn Kitzing (2) Mark Eberhard Kitzing (part 20 defendants) (2017)

Judgment Date: 23 Mar 17

Summary A profit a prendre giving sporting rights over a property could include the right to take game birds which were on the property, notwithstanding that the birds had been bred by humans. A game bird could be wild, and thus properly the subject of a profit, even if it...

Bretby Hall Management Co Ltd v Christopher Pratt (2017)

Judgment Date: 21 Mar 17

Summary A property management company whose only income was from service charges could recover legal costs arising from a tenant's threatened proceedings against it as part of the service charge to be divided between all the tenants, as the terms of the lease were general enough to cover defence of...

NHR Ltd v Sainsbury’s Supermarkets Ltd (2017)

Judgment Date: 07 Mar 17

Summary Although a deputy master had erred in his approach when refusing an application to amend a statement of case claiming payment for consultancy fees, he had reached the correct conclusion by refusing the amendments. The proposed new claims did not arise out of the same or substantially the same...

Thomas v Triodos Bank NV (2017)

Judgment Date: 02 Mar 17

Summary A bank had owed a duty to business customers who had expressed a wish to change the interest on their borrowings from a variable rate to a fixed rate to explain the financial implications of doing so. That duty had been breached in the instant case. Facts The claimants...

Hynes Heating Solutions v Homebase

Judgment Date: 01 Mar 17

Appeared for Homebase successfully striking out £1.2m claim against it for breach of contract. (Birmingham DR, March 2017)

London Executive Aviation Ltd v Royal Bank Of Scotland Plc (2017)

Judgment Date: 28 Feb 17

Summary In proceedings relating to interest rate swap agreements, the court refused permission for expert evidence to be called regarding suitability requirements and the risks associated with the products sold. Facts The claimant applied for permission to call expert evidence in proceedings relating to interest rate swap agreements.The matters...

(1) Mark Alan Holyoake (2) Hotblack Holdings Ltd v Nicholas Anthony Christopher Candy & 5 Ors (2017)

Judgment Date: 28 Feb 17

Summary When imposing a notification injunction on the defendants to an unlawful means conspiracy claim, a judge had applied an incorrect test in relation to the level of risk of dissipation of assets required to be shown. The injunction was set aside as there was not a real risk, supported...

Candy v Holyoake (2017)

Judgment Date: 28 Feb 17

Summary When imposing a notification injunction on the defendants to an unlawful means conspiracy claim, a judge had applied an incorrect test in relation to the level of risk of dissipation of assets required to be shown. The injunction was set aside as there was not a real risk, supported...

Vivienne Westwood Ltd v Conduit Street Development Ltd (2017)

Judgment Date: 27 Feb 17

Summary The court interpreted a side letter to a lease, under which a landlord granted a rent concession to a tenant. A termination provision provided that if the tenant breached the terms of the side letter or lease it would need to pay the higher rent contained in the lease,...