Summary It was appropriate to remove a firm of stockbrokers as CPR Pt 20 defendants where it was apparent that no court would order them to make a contribution under the Civil Liability (Contribution) Act 1978 s.1(1) in respect of an alleged conversion of shares. Facts The applicant stockbrokers firm (C) applied...
Summary The Upper Tribunal (Lands Chamber) determined that a freeholder's application for the modification of restrictive covenants which impeded its proposed housing development should not be struck out as an abuse of process. Although similar applications had been refused in previous years, the freeholder had a realistic prospect of showing...
Summary An order obliging partners to complete unfinished property developments after the dissolution of their partnership was not necessary to wind-up the affairs of the partnership for the purposes of the Partnership Act 1890 s.38. Facts The claimant (B) sought a declaration that he and the defendant (N) were not subject...
Summary The judge was entitled to hold that the Standard Conditions of Sale (4th edition) 7.1.3 was not fair and reasonable in the circumstances and was therefore of no effect by virtue of the Misrepresentation Act 1967 s.3 and the Unfair Contract Terms Act 1977 s.11 with the result that a purchaser of...
Summary The defendant was in repudiatory breach of a sponsorship agreement by failing to deliver e-mail and text message marketing programmes to the promised number of recipients. Facts The claimant (P) claimed repayment of certain sums under a sponsorship agreement with the defendant (G) and damages for breach of contract,...
Summary A company director had breached his fiduciary duty to the company when accepting a free loan of equipment from a customer without disclosing the transaction or seeking approval for it. Facts The appellant former director (T) appealed against a decision that he had breached his fiduciary duty to the...
Summary The court granted a declaration regarding the existence and termination of a management agreement governing the way in which a family-owned company operated its three farms. Facts The claimant family farming company claimed an injunction to restrain the defendant family member (R) from farming certain fields and from using...
Summary A web end-user licence was required to lawfully use and receive content in the form of clippings and headlines sourced by media monitoring organisations that trawled a multitude of websites using search terms selected by the end-user. That was because the copies passed on to the end-users were not...
Summary The court determined the valuations of assets held by a company in which a minority shareholder had been unfairly prejudiced so that the shareholder could realise the value of his shares. Facts The court was required to determine the valuation and manner of disposal of shares in a company...