Summary The court considered the proper interpretation of an exoneration clause contained in a will to relieve trustees under trusts set out in the will of personal liability in respect of certain breaches of duty by them. Facts The appellants (B and G) appealed against the dismissal of their claim...
Summary Two film partnerships were carrying on a "trade, profession or business with a view to profit" pursuant to the Income Tax (Trading and Other Income) Act 2005 s.863(1) and the Corporation Tax Act 2009 s.1273(1) and so were entitled to claim for trading losses. However, the trading losses asserted had not...
Summary A director who had given a disqualification undertaking and asked the court to exercise its discretion under the Company Directors Disqualification Act 1986 s.8A to reduce the agreed period, or to order that the undertaking should cease to have effect, had to demonstrate special circumstances. Failure to take legal...
Summary A text message threat made during without prejudice negotiations ahead of a commercial trial for damages of over £132 million had not amounted to unambiguous impropriety and was therefore not admissible in evidence. The threat did not amount to an abuse of a privileged occasion; it was no more than...
Summary The court approved payments from the estate of the late Jimmy Savile in satisfaction of claims made by the victims of sexual abuse perpetrated by him. Facts The scheme had been set up to deal with claims by a significant number of individuals that they had been sexually abused...
Summary Where a claimant had obtained a judgment sum more advantageous than its Part 36 offer solely because of a sharp change in the exchange rate between the sterling and dollar, it would not be just to order the defendant to pay interest at an enhanced rate and indemnity costs. Throughout...
Summary In relation to a joint venture concerning a hotel development, the court ruled on the validity of a notice purporting to waive certain conditions relating to the funding of the development and the obtaining of consents and approvals. Facts The appellant appealed against a decision concerning the validity of...
Summary A claimant who satisfied the ordinary requirements of a claim for unjust enrichment should not be debarred from enforcing his claim simply because he was seeking to recover money paid pursuant to a contract to carry out an illegal activity. The rule in Tinsley v Milligan [1994] 1 A.C. 340 was...