Summary Where the terms relating to the issue of mortgage-backed debentures gave the borrower an option to release a secured property in return for a prepayment of the debenture out of the sale proceeds, that prepayment was not a "mandatory repayment". As a matter of language and on the basis...

Summary The court granted rectification of a deed of amendment to a pension scheme where the evidence leading up to and post-dating the deed compellingly established that a mistake had been made in drafting the deed which did not reflect the intention of the company and the trustees. Facts The...

Summary It was not appropriate to grant summary judgment in favour of the claimant in relation to its claim for the recovery of money allegedly paid in breach of trust. The defendant had a real prospect of successfully defending the claim, and there was another "compelling reason" why the claim...

Summary The court was entitled to refuse an airline's application to vary an order to continue its appeal against the payment of equitable compensation conditional on payment into court of £3.64 million to settle a judgment debt in a tour operator's favour and it was entitled to require the airline's chairman...

Summary On an application under the Insolvency Act 1986 Sch.B1 para.63 by the administrators of two insolvent insurance intermediaries, the court gave directions for the distribution of funds held in the companies' client accounts which were subject to the statutory trust regime in Chapter 5 of the Client Assets Sourcebook in...

Summary In a liquidation, special limited partners were not entitled to claim a bonus based on a sale of the assets where there had been no sale and they had been distributed in specie to the principal partner that had initially contributed them. Facts Two special limited partners appealed against...

Summary The court granted a member's petition for a company to be wound up on just and equitable grounds where other members had breached their fiduciary duties, failed to keep company records, and misled members and investors. Those defaults also constituted unfairly prejudicial conduct under the Companies Act 2006 s.994. Facts...

Summary The court granted a claimant and a defendant permission to amend their pleadings seven weeks before trial. It emphasised that the circumstances of their case, involving alleged dishonesty and permission to issue proceedings for contempt, were almost unique. Trial dates set down in the Technology and Construction Court would...