Summary The fact that a director of a company had been nominated to that office by a shareholder did not, of itself, impose any duty on the director owed to his shareholder. Facts The appellant (H) appealed against a decision ((2007) EWHC 2999 (Ch) (2008) BCC 390) determining his petition under the Companies Act 2006...

Summary Clients of a derivatives broker whose money had mistakenly not been paid into a segregated account to be held on trust for them were not entitled on the broker's liquidation to have the monies owed to them treated as being held on trust in the segregated account. Facts The...

Summary As a matter of fact companies in the Total group had control of tank filling operations at the part of the Buncefield oil storage depot where an explosion occurred and were vicariously liable for the careless tank filling activities of their employees. One of the causes of the explosion...

Summary On the true interpretation of a building contract the provision of "level access" to retail units was included in the works as defined, and a certificate of practical completion given on the basis that such provision was not within the works was invalid; it was not within the authority...

Summary A partner who had been entrusted with the responsibility of protecting the firm by complying with the insuring provisions in a professional indemnity insurance was required to perform his duty with reasonable care and skill judged by an objective standard. Facts The court was required to determine issues in...

Summary An agreement to use best endeavours to recover certain funds by litigation or otherwise was not on the face of it an illegal contract since it did not require an unqualified person to act in contravention of the Solicitors Act 1974 s.22. Facts The appellant (L) appealed against a decision ((2008)...

Summary A judge had been entitled to find that a lease had been surrendered by the operation of the law on the basis that she had enough evidence and material before her to reach that decision. Facts The appellant landlord (X) appealed against a decision that it had accepted the...

Chancery Division, jurisdiction, administration and excise duty. Appeared as sole counsel for HMRC.

Summary A landlord was not permitted to enter tenanted commercial premises for the purpose of carrying out an "environmental survey" that involved drilling boreholes and taking samples. The lease entitled it to enter the premises for the purpose of making "surveys", but the proper interpretation of "survey" under the lease...