Summary The Law Society's duties as statutory trustee under the Solicitors Act 1974 Sch.1 Part II para.6 in relation to monies received upon an intervention in a solicitor's practice were grounded in public law. Facts The applicant Law Society applied to the court for directions in relation to the powers that...

Summary A decision by a bankruptcy registrar not to grant an adjournment of the hearing of a bankruptcy petition to allow a debtor to make arrangements for the payment of the petition debt could not be faulted Facts The appellant debtor (M) appealed against a bankruptcy order against him, which...

Summary A former director of a company that was known by a prohibited name and that had gone into insolvent liquidation, was held personally responsible for the debts of the company under the Insolvency Act 1986 s.217. Facts The claimant Revenue sought to recover monies due to it from the defendant ...

Summary Failure to pay advance corporation tax did not carry a statutory liability to pay interest forever afterwards if the principal liability had been discharged or satisfied otherwise than by payment. Facts The appellant company (M) appealed against the decision ((2003) EWCA Civ 173) that the respondent Revenue was entitled to interest...

Summary It was clear that a firm of solicitors had held certain monies under a Quistclose trust and that therefore monies paid out of its client account for a purpose other than the stated purpose had been paid in breach of trust. Facts The claimant company (T) brought an action...

Summary The claimant company had not established an arguable case that one of its company directors had acted dishonestly in the sense of conscious impropriety by allegedly diverting a business opportunity away from it, when purchasing a development site on behalf of a third party. Consequently, interim injunctions constraining the...

Summary A transfer of property to the first respondent had not been set aside on the grounds of undue influence, misrepresentation or lack of capacity owing to the drunkenness of the appellant, since the evidence had not supported those findings, and solicitors acting for the latter during the transfer had...

Summary A person was in breach of contract where he had been involved in setting up and facilitating a bid for an insolvent company from a consortium, to whom he was bound by heads of terms, at the same time as he was involved in a rival bid. Facts The...

Summary In the circumstances, a defendant was entitled to the rectification of a reversionary sub-underlease to include words that had been omitted from the original underlease where the sub-underlease did not express the common continuing intention of the parties. Facts The claimant tenant (K) sought the construction of a break...