Summary The wording of the CPR r.6.37(5)(b) was wide enough to confer jurisdiction on a court to order service by alternative means in respect of service out of the jurisdiction provided the court had a good reason to do so. Facts The court was required to determine whether a...

Summary The appellant (D) appealed against a decision ((2009) EWCA Civ 1165, (2010) STC 80) that it was not entitled to relief in respect of a non-trading deficit in relation to of a series of net-paying "repo" transactions. D had entered into the transactions with a bank, the bank selling gilts to D and...

Summary By making copies of newspaper back-issues available to the public on a website a newspaper publisher had infringed the copyright of a photographer whose images had been printed in some of those newspapers as such exploitation by electronic means was different in kind from the exploitation of existing hard...

Summary When considering whether a transaction constituted an unlawful distribution of capital by a company, the proper approach was to inquire into the true purpose and substance of the impugned transaction and to conduct a realistic assessment of all the relevant facts, not simply an isolated retrospective valuation exercise. Facts...

Summary In determining the price to be paid by tenants exercising a right to collective enfranchisement involving leases for unexpired terms of below 20 years, it was appropriate to apply the Earl Cadogan v Sportelli (2007) 1 EGLR 153 formula as a starting point and then determine whether the position in the property cycle...

Summary Companies had infringed newspapers' copyright by using a media monitoring service from a third party which provided them with copies of headlines and extracts from articles on newspaper websites. A web end-user licence was required to lawfully use and receive the third party's service. Facts The claimants sought a...

Summary When construing a profit sharing provision in a development agreement made between the parties, a judge had erred in holding that a letter sent by one of the parties included an offer to agree in relation to the calculation of the profit payments. Facts The appellant company (X) appealed...

Summary The court found that a caretaker's flat in the basement of a building was included in the "common parts" of the building and was therefore liable to acquisition under the Leasehold Reform, Housing and Urban Development Act 1993 s.2(1)(b) as it amounted to a common facility for the benefit...

Summary Although a property owner was not prevented by estoppel or abuse or process from challenging as against the lender the validity of a charge obtained by a third party on her property, she had consented to the charge and so was bound by it despite her overriding interest. Facts...