Robert Chaston v SWP Group PLC (2002)

Judgment Date: 20 Dec 02

Summary Payment by a target company of the fees of accountants retained by the purchaser to prepare a long form report amounted to unlawful financial assistance within s.151 Companies Act 1985. Facts Defendant's ('SWP') appeal from that part of an order of Davis J dated 26 April 2002 by which he dismissed SWP's...

Re Promwalk Services Ltd

Judgment Date: 10 Dec 02

Summary The Registrar had been entitled to refuse an application for an adjournment of directors disqualification proceedings and to conclude that the appellant had been a director of the subject company at the material time. Facts Appeal by the claimant ('F') from a decision of Register Baister by which he...

Malekshad v Howard de Walden Estates Ltd (2002)

Judgment Date: 05 Dec 02

Summary A house and a mews flat linked by a basement and a door were not a single "house" for the purposes of s.1(1) Leasehold Reform Act 1967. Facts Appeal by the respondent landlord from a decision of the Court of Appeal by which it allowed an appeal by the applicant...

John Patrick McGowan v Michael Chadwick (2002)

Judgment Date: 05 Dec 02

Summary In sanctioning the commencement of proceedings for breach of equitable and/or fiduciary duty against a court-appointed receiver of a partnership business, the court would only permit the proposed claimant to pursue those losses suffered by him in his capacity as a partner, and not as a disappointed purchaser,...

John McGowan v Michael Chadwick (2002)

Judgment Date: 05 Dec 02

Summary In sanctioning the commencement of proceedings for breach of equitable and/or fiduciary duty against a court-appointed receiver of a partnership business, the court would only permit the proposed claimant to pursue those losses suffered by him in his capacity as a partner, and not as a disappointed purchaser,...

Redevco Properties v Mount Cook Land Ltd (2002)

Judgment Date: 03 Dec 02

Summary Putting pressure on a tenant to sell a lease back was not a good ground for the landlord to withhold consent to alterations to leasehold property. Facts Applications by the tenant ('T') for a declaration that the defendant landlord ('D') had unreasonably withheld its consent to proposed alterations to...

Speciality Shops Ltd v Yorkshire & Metropolitan Estates Ltd (2002)

Judgment Date: 27 Nov 02

Summary By a pre-emption agreement between the parties the defendant did not acquire an equitable interest in land unless the claimant accepted a purchase offer by it. In the circumstances the cautions lodged by the defendant should be vacated. Facts Application by the claimant ('SSL') to vacate cautions registered on...

Reid v Ramlort sub nom In the Matter of Allan Mclean Thoars, Deceased (2002)

Judgment Date: 15 Nov 02

Summary The degree, if any, to which the value in money or money's worth of the benefit of a life assurance policy as at the date of its assignment to the defendant was affected by the knowledge that the insured was shortly to undergo hazardous surgery was a matter for...

Thomas Stephen Cowell v The Law Society

Judgment Date: 12 Nov 02

Summary The Solicitors Accounts Rules overrode any contractual duty of confidence that might subsist between solicitor and client. Facts Application by the claimant for a declaration as to whether or not he had breached r.27 Solicitors Account Rules 1991 ('the Rules') by refusing to comply with the defendant's requirement to produce...