Summary A company's chief executive and managing director who had perpetrated fraud by swap agreements and misrepresentations to investors was liable to the company and its liquidators for breach of his fiduciary duties and in the tort of deceit. Facts The claimant company (W) and its liquidators (L) sought relief...

Summary It was appropriate to pierce the corporate veil and to require the transfer of a property held by a company where the true owner of the property had transferred it to the company to conceal his fraudulent activities. Facts The liquidator for the claimant company (C) claimed for the...

Summary An order of a German court appointing a preliminary liquidator was a judgment opening insolvency proceedings for the purposes of recognition by the English courts under Regulation 1346/2000. Facts The court was required to determine issues in proceedings to enforce an arbitration award.The defendant (G) was the time charterer...

Summary Where there had been improper conduct by the claimant in the proceedings that was a sufficiently strong reason to refuse to grant an anti-suit injunction to restrain Texan proceedings brought in breach of an exclusive English jurisdiction clause. Facts The claimant bank (R) sought an anti-suit injunction to restrain...

Summary A clause under a licence to assign an underlease requiring the tenant to use all reasonable endeavours to give notice to the guarantor of the undertenant each time the rents were more than two months in arrears was not a condition precedent of the liability under the guarantee and...

Summary The defendant property management companies did not have the benefit of a lease over a property but were managing agents of the property, which meant that they were entitled to grant sub-leases and to obtain deposits, but were then required to account to the registered proprietors of the property...

Summary It was not in the interests of justice to prevent a contemnor from pursuing his appeal against an order for his committal unless he complied with conditions, including surrendering to custody, as that was a disproportionate response to his contempt. Facts The applicant bank (B) applied for the dismissal...

Summary Early retirement benefits did not fall to be treated as such after normal retirement age. Pension instalments paid after normal retirement age fell to be characterised as old age benefits within the Transfer of Undertakings (Protection of Employment) Regulations 2006 reg.10, notwithstanding that the pension had first come into payment...

Summary The Privy Council summarised the principles of election and merger of causes of action. The Court of Appeal (Trinidad and Tobago) had been wrong to conclude that by obtaining default judgment against a second defendant, a claimant in a personal injury action had made an unequivocal election which precluded...