Morgan Walker Solicitors LLP v Zurich Professional & Financial Lines (2010)

Judgment Date: 23 Apr 10

Summary A "subject to contract" restriction in an offer to settle was found not to have been lifted either expressly or by implication, and acceptance of the offer was not binding until the parties had signed an arbitration award reflecting the terms of the settlement. Facts The appellant firm of...

Linpac Mouldings Ltd v Aviva Life & Pensions UK Ltd (Formerly Norwich Union Life & Pensions) (2010)

Judgment Date: 22 Apr 10

Summary A tenant of industrial premises had lost its right to exercise a break clause once it had assigned the lease. The lease stated that it could exercise the right only as "the original tenant" Facts The appellants appealed against a decision (Norwich Union Life and Pensions v Linpac Mouldings...

Islamic Investment Company Of The Gulf (Bahamas Ltd) v Mehta & Ors (2010)

Judgment Date: 14 Apr 10

Summary A judge had been entitled to find both that a judgment debtor was in wilful breach of a court order requiring him to disclose his means and that a significant period of committal was justified. Facts The appellant (M) appealed against a finding of contempt and a committal order ((2009)...

In The Matter Of Overnight Ltd (2010)

Judgment Date: 25 Mar 10

Summary It was appropriate for the court to make a separate assessment of the contributions to be made by a company director and by a company secretary to the insolvent company's assets under the Insolvency Act 1986 s.213. Facts The applicant liquidator applied under the Insolvency Act 1986 s.213 for a declaration...

Chasewood Park Residents Ltd v Sabrina Soon Duck Park Kim (2010)

Judgment Date: 24 Mar 10

Summary An order giving judgment for a landlord on its action for arrears of ground rent and service charge payments was set aside in circumstances where the trial judge had, effectively, summarily struck out the tenant's defence as disclosing no reasonable grounds for defending the claim when in fact it...

Sean Lindsay v Jared O’Loughnane (2010)

Judgment Date: 18 Mar 10

Summary The managing director of a company was personally liable in deceit for fraudulent misrepresentations which he had made to a claimant and which had induced the claimant into entering into transactions causing a substantial loss. Facts The claimant (L) brought a claim for damages for deceit against the defendant ...

Catholic Care v Charity Commission For England & Wales & Equality & Human Rights Commission (2010)

Judgment Date: 17 Mar 10

Summary The exception from the prohibition of differential treatment on the grounds of sexual orientation under the Equality Act (Sexual Orientation) Regulations 2007 reg.18 applied potentially to all types of benefit provided by a charity to persons of a particular sexual orientation in pursuance of a charitable instrument, whether or not...

Earl Cadogan v (1) Alexander Dimitris Nicholas Panagopoulos (2010)

Judgment Date: 15 Mar 10

Summary Where a freeholder of a property comprising separate apartments had granted a lease to a third party of the property's basement, which was used as a caretaker's flat, after a notice of a claim by tenants to exercise the right to collective enfranchisement had been registered, the lease was...

Tom Hoskins Plc v EMW Law (A Firm) (2010)

Judgment Date: 11 Mar 10

Summary The court awarded damages for trading losses suffered because of a breach of duty by a solicitor in failing to properly assist and advise a client in respect of the sale of the assignment of a business property lease. Facts The claimant company (H) sought damages from the defendant...