Summary The discretion to vary or revoke an order under r.3.1(7) was broad, but considerations of finality required a principled exercise of discretion. It did not provide for a judge of co-ordinate jurisdiction to vary or revoke on the basis that he would have made a different order. Facts The...

Summary The best indication of the value of an asset at any particular time was what someone would pay for it after reasonable attempts had been made to sell it. Evidence to the effect that nobody had been prepared to offer even £2 million for a property after six months' marketing...

Summary The claimant retailer succeeded in its claim for monies due under a contract for the supply of films for sale in its stores. Facts The claimant retailer (S) claimed £1,276,000 from the respondent film distributor (F) pursuant to a contract for the supply of films. Between 1999 and 2006, F supplied S...

Summary The judgment of the European Court of Justice in Svensson v Retriever Sverige AB (C-466/12) [2014] Bus. L.R. 259 did not detract from the High Court's reasoning in earlier cases involving injunctions under the Copyright, Designs and Patents Act 1988 s.97A requiring internet service providers to impede customers' access to...

Summary Where the Revenue had petitioned for the winding-up of a company on the basis of unpaid VAT assessments, the overall balance of convenience plainly favoured the continuance of the appointment of a provisional liquidator until the effective hearing of the petition where there were real questions as to the...

Summary The rules requiring concision in skeleton arguments in the Court of Appeal existed to enable the court to deal with its business in a timely and efficient manner. There was no exception to the rules for commercial litigation: it was just as important to put one's argument concisely in...

Summary A judge had been entitled to reject an application to set aside a default judgment, even though the applicant had a real prospect of successfully defending the claim, where the application had been made almost a year after judgment. Permission to appeal against the rejection of the application was...

Summary In the first case since the coming into force of the Gambling Act 2005, an English court had to determine whether the conduct of a party to a gambling contract amounted to cheating for the purposes of the civil law. The use of a croupier as an innocent agent in...

Summary In accordance with the express terms of an agency agreement, a company which distributed financial products to independent financial advisers was entitled to override commission at a rate of 0.2 per cent of the value of all business placed by a large distributor with an organisation engaged in setting up...