High Court: Chancery Division judgments, 2007

An administrator’s commercial decisions should ordinarily be left to the administrator’s judgment. A reasonable suspicion of partiality does not, without more…

Section 25 of the Police Act 1996 enables, but does not itself create, a cause of action for payment for special police services. A request is nevertheless a…

Applications for leave to act as a director despite a disqualification undertaking require a balance between the applicant’s need and the statutory purposes of…

For landfill tax to arise, the same disposal must satisfy all the conditions in section 40(2) of the Finance Act 1996 when it occurs at the landfill site. The…

Former employees may prepare to compete after termination, but preparation is not automatically legitimate. The court must first identify the employee’s…

At an interim stage, passing off by a descriptive business name depends on the defendant’s whole get-up. Small differences may avoid confusion, particularly…

A claimant seeking damages for misrepresentation or breach of contract must prove an actionable representation or contractual obligation and actual loss caused…

A director’s common-law duty of care is assessed objectively, but the court must consider the circumstances restricting the director’s freedom to act…

A mutual-wills agreement requires a contract under which each party agrees to make an agreed testamentary disposition and not revoke it without the other’s…

Removal of a personal representative under Administration of Justice Act 1985, section 50, is governed by the welfare of the beneficiaries and the proper…

Under section 51 of the Supreme Court Act 1981, a third-party costs order is discretionary and turns on whether, in all the circumstances, it is just to make…

A non-party may apply under Civil Procedure Rules 1998, rule 40.9, to set aside a judgment where it has a sufficient legal interest in the matters recorded by…

A contractual power to regulate parking is constrained by an express requirement of reasonableness. The court may assess objectively whether a regulation is…

On a summary judgment application, a defendant cannot resist judgment by raising merely shadowy or speculative factual disputes. It must produce evidence…

Costs are ordinarily payable promptly once ordered. A party seeking an unusually lengthy period for payment must provide evidence of the circumstances said to…

At common law, a contractual choice of governing law must identify English law or the law of another country. A non-national system of rules may instead be…

When sanctioning an insurance business transfer scheme, the court exercises an absolute discretion but must give due recognition to the directors’ commercial…

A nominee director owes duties to the company on whose board the director serves. The director must exercise independent judgment in that company’s interests…

Acceptance of a Part 36 offer does not, without clear contractual language, determine the statutory consequences of withdrawing tax-return amendments. Whether…

In construing a will, the court may use admissible extrinsic evidence to establish what property a descriptive expression was intended to identify. The court…

On an appeal from a Pensions Ombudsman determination, the court’s jurisdiction is confined to points of law. Maladministration concerns the decision-making…

A surety’s right of subrogation may be excluded by agreement, including where the right arises under statute. Clear language is ordinarily required. Where…

The rule in Hastings-Bass cannot substitute for rectification where a pension rule contains drafting errors. It permits setting aside a trustee act, not…

Testamentary capacity requires capacity to understand the nature and effect of making a will, the extent of the property being disposed of, the claims of…

Where pension scheme rules provide that the actuary determines the collective contribution rate without employer consent, the statutory protections for schemes…

Costs in a contentious probate claim are governed by the ordinary civil procedure rules, including the general rule that costs follow the event. Two…

Primary infringement of design right requires an act falling within Copyright, Designs and Patents Act 1988, section 226. Where infringement depends on making…

Where beneficiaries compromise trust-account proceedings but leave costs unresolved, the court may determine costs by reference to the issues resolved and the…

Where proceedings are compromised but costs remain unresolved, the court must avoid deciding costs by effectively trying the abandoned claim. It must identify…

Legal advice privilege extends to communications between a client and its in-house lawyers, including client communications requesting advice and internal…

Under the Third Parties (Rights against Insurers) Act 1930, a third party must establish the insured’s liability before enforcing transferred rights against…

Whether a transaction is a sale is determined from the evidence of the parties’ agreement and intended transfer of beneficial ownership, not merely from the…

Undue influence is not established merely because a relationship is tempestuous or one party alleges past bullying. The claimant must prove that the…

Additional reckonable service purchased under a pension scheme does not, without more, constitute a contractual entitlement to pension benefits calculated…

Commissioners may make and maintain alternative VAT assessments for the same accounting period where the assessments arise under different statutory powers or…

Rights arising from a statutory lease-extension notice should be construed consistently with the parties’ clear intention that those rights pass with the…

A transfer of registered land may be delivered as a deed or in escrow. The issue depends on the parties’ intention, assessed from all circumstances attending…

A solicitor’s estimate, where it is expressly neither a fixed quotation nor an agreed upper limit, does not define the work within the retainer or…

Statutory definitions must be construed in the context of the legislation as a whole and the purpose Parliament intended to achieve. Under Schedule 15 to the…

For VAT purposes, a chair-rental arrangement in a hairdressing salon may include a package of rights and facilities which must be classified as a whole. The…

Where national trade mark proceedings and proceedings before OHIM overlap, the court should not assume that the OHIM proceedings take priority. Article 100 of…

Amendments to a statement of case should generally be permitted under CPR 17.1(2) where they do not fall foul of CPR 3.4, provided that any prejudice to the…

For the purpose of attributing chargeable gains to a settlor, property must be settled property originating from that person. It is insufficient that the…

Under CPR Part 24.2, a defendant has no real prospect of successfully defending a claim where the proposed defence is more than merely weak but remains false…

For the purposes of the additional-rate provisions, expenses incurred for the benefit of the whole trust estate are capital expenses under the binding rule…

For limitation purposes, an application may be brought before proceedings are formally started. Under the CPR, proceedings start when the court issues the…

A party who deliberately prevents completion of a contractual transaction cannot obtain specific performance of the part of the bargain which would survive…

Under section 1 of the Variation of Trusts Act 1958, the court may approve a proposed trust variation for persons unable to consent only if it is an…

An employee may object to the transfer of employment under regulation 4(7) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 after…

On an appeal from a detailed assessment, the presumption that a solicitor on the record acts for and may charge the client is rebutted only by showing that the…

An injunction made against one party may affect third parties through the law of contempt, but it does not directly compel them to deliver up documents or…

Where land is acquired in one person’s sole name, a claimant seeking a beneficial interest must prove an express or inferred agreement that ownership was to be…

A guarantee’s legal effect depends on the obligations created by its wording, read as a whole and in its factual and commercial context. Outside the banking…

Acquisition of a domicile of choice requires both residence and an intention to reside permanently or indefinitely. Where a person has residences in more than…

The court may strike out defective pleadings while permitting a properly pleaded underlying claim to continue. Indemnity costs are compensatory, not punitive…

Rectification is available where the parties shared a continuing intention about the contractual term, that intention was sufficiently expressed, and the…

On an application to adjourn a trial because of a witness’s illness, pre-CPR authorities identifying four conditions provide relevant considerations but do not…

In exercising its discretion as to costs, the court must consider all the circumstances, including the parties’ conduct and the extent to which each party…

Copyright in public-sector information is not displaced merely because a user considers the information publicly available or believes that charges exceed the…

A solicitor’s duty includes identifying significant evidential risks, explaining them to the client, obtaining instructions and seeking timely advice from the…

An indemnity costs order requires conduct or circumstances taking the case out of the norm. It is not justified merely because a party was wrong in fact or…

A form R40 is not a substitute for a return required under section 8 of the Taxes Management Act 1970. It is a voluntary repayment claim and does not…

A stay of enforcement pending determination of a related claim is construed by reference to the wording and purpose of the order. Where the order covers claims…

A release clause must be construed by giving its words their natural meaning in the context of the agreement and its factual matrix. A clause expressed in…

Where goods seized by customs provide a strong prima facie case of trade mark infringement, the court may grant delivery-up and Norwich Pharmacal relief…

A solicitor receiving mortgage advances on terms that they are to be used only to complete a purchase or redeem an existing charge holds the money on trust for…

At the interim stage, a claimant establishes an arguable trade mark infringement case where goods bearing its mark are imported for onward transmission, even…

A freezing order requires a good arguable case, assets within the jurisdiction and a real risk of dissipation. A without-notice application, particularly…

A lease is surrendered by operation of law only where the tenant’s conduct unequivocally indicates that the tenancy has ended and the landlord unequivocally…

Proprietary estoppel does not require an express promise, including where the claim restricts testamentary freedom. An assurance may arise from words, conduct…

A condition attached to permission to appeal may be varied under CPR 52.9(1)(c), including where permission was granted on paper, but the application must be…

A claim should not be struck out as vexatious or an abuse of process merely because related proceedings have been brought in several jurisdictions, where each…

Whether a product is “confectionery” under the VAT Act 1994 is a question of statutory interpretation. The ordinary meaning must be applied in the statutory…

At the amendment stage, the court should not determine whether a pleaded case will succeed. An amendment should generally be allowed where the proposed case…

Where litigation involves several issues with materially different outcomes, the court may make a proportionate overall costs order instead of separate…

For a constructive trust or proprietary estoppel claim, the claimant must establish a common intention, agreement, arrangement or understanding that the…

A partner who acquires partnership property or an opportunity for personal benefit must account to the other partners unless there is actual consent given…

An appeal from the Pensions Ombudsman lies only on a point of law. A factual conclusion about the cause of termination cannot be overturned where it was…

Side letters providing for the reprocessing of an additional 1,000 tons of spent fuel were rescinded on the ground of misrepresentation. The defendants were…

In follow-on competition proceedings, compensatory damages are the appropriate remedy for loss caused by an Article 81 infringement where the claimant can…

A company mandate authorising a director to give banking instructions is not necessarily confined to written instructions. Where a sole director controls the…

In committal proceedings, the court may increase a sentence provisionally indicated where the respondent’s intervening conduct aggravates the established…

A statement that industrial capacity has been established by a rigorous technical review may be materially misleading if the underlying capacity prediction…

A contractor who creates copyright work retains copyright unless the contract contains an express or implied term to the contrary. An implied term transferring…

A claimant seeking recovery of unauthorised payments must prove the payments and the absence of authority on the evidence. Unparticularised allegations of…

A contractual insolvency trigger incorporating the commercial insolvency test in Insolvency Act 1986 section 123(1) permits consideration of debts falling due…

On an appeal from the Special Commissioners, the High Court is concerned with errors of law, not a second determination of factual issues. A factual conclusion…

Damages for trespass may reflect the value of the use obtained by the trespasser, even where the claimant suffers no measurable physical loss. The appropriate…

A trustee, including a bare trustee, may retain trust property under a lien only to secure a proper indemnity for costs, expenses or liabilities arising from…

Testamentary capacity requires the testator to understand the act and effect of making a will, the extent of the property, and the claims meriting…

At the interim stage, an injunction should not be refused merely because title or contractual rights are disputed, nor granted where foreign-law evidence…

On a summary judgment application, the court must ask whether the defending party has no real prospect of success and whether there is any compelling reason…

A dividend declared by liquidators does not create a personal debt owed by the liquidators to creditors. The creditor’s remedy for non-payment is an order…

For novelty, an earlier document anticipates a claim where it clearly discloses the claimed invention and enables the skilled person to perform it. A document…

An anti-suit injunction may be granted where foreign proceedings are vexatious or oppressive, breach a contractual allocation of enforcement rights, or…

For the purposes of the insolvency provisions concerning transactions at an undervalue, a contract is unnecessary. The statutory concept of a transaction is…

Under a commercial lease providing for five-yearly and intermediate rent reviews, the reference to buildings may include an extension to an existing building.…

A will is interpreted according to the law intended by the testator. The law of the testator’s domicile when the will was made is presumed to apply, but the…

A director’s right to inspect a company’s books and accounting records arises at common law from the office of director. It exists to enable the director to…

A European patent must be construed through the eyes of the skilled person, purposively and in the context of the patent as a whole. A deliberate claim…

In forfeiture and restoration proceedings, a notice seeking condemnation proceedings under Schedule 3 to the Customs and Excise Management Act 1979 may be…

Undue influence is concerned with whether a transaction resulted from an abuse of influence, assessed by examining how the intention to transact was produced.…

An expert valuation is binding unless the expert materially departs from the instructions or values the wrong subject matter. An erroneous valuation method…

A duly executed will which is rational on its face attracts a presumption of testamentary capacity. The objector must first raise a real doubt. Once that…

To acquire registered land by adverse possession under the former limitation regime, a claimant had to prove 12 years’ uninterrupted possession before 13…

A contractual entitlement depends on the agreement actually made, assessed from the contemporaneous documents, surrounding circumstances and the witnesses’…

In public procurement, duties of equal treatment, transparency and objectivity admit no margin of appreciation. Evaluative judgments may be disturbed only for…

A transaction induced by fraudulent misrepresentation is voidable and may be rescinded, restoring the claimant’s equitable title sufficiently to support…

Accidental disclosure of a privileged document does not automatically entitle the disclosing party to injunctive relief. The court may intervene where the…

An application for directions under section 48 of the Administration of Justice Act 1985 should not be used to determine a genuinely arguable dispute about the…

A contractual relationship falling short of partnership may contain sufficient elements of joint venture to impose mutual duties of good faith. The contract…

A company officer or agent must not treat company assets as personal assets and is liable for misappropriation caused by a conflict of interest. In jointly…

A charge securing a loan does not extend to a separate commission-sharing arrangement merely because it refers to other money to be paid by the Borrower. That…

A contractual payment waterfall should be construed as a whole and in light of the commercial purpose expressed in the surrounding provisions. Where receivers…

For an administration order, the court must be satisfied that administration is reasonably likely to achieve its statutory purpose. Where the purpose is a…

Specific disclosure is governed by the issues raised in the pleadings. The court should not order disclosure merely to discover whether a new case might be…

The presentation or advertisement of a winding-up petition is generally inappropriate where the alleged debt is genuinely and substantially disputed…

In an application for an administration order, the court’s discretion is not constrained by the Companies Court practice applicable to winding-up petitions…

An unless order requiring standard disclosure must be complied with in accordance with the procedural requirements governing disclosure, including service of a…

For VAT purposes, a caravan pitch is a seasonal pitch where the licensee is prevented from living in the caravan throughout the relevant period by an operative…

For the purposes of jurisdiction under section 6(3)(c) of the Company Directors Disqualification Act 1986, the relevant question is whether a court had…

The High Court may grant interim relief under Civil Jurisdiction and Judgments Act 1982, section 25, in support of proceedings in another Brussels or Lugano…

A child may have a reasonable expectation of privacy based on the circumstances in which family life has been conducted, including the reasonable expectations…

A director may be relieved from liability under section 727(1) of the Companies Act 1985 only if he acted honestly and reasonably and ought fairly to be…

Contempt of court requires proof to the criminal standard. A worldwide freezing order extends to assets held in another name where the respondent has direct or…

For tariff classification, goods must first be classified by the terms of the relevant headings and notes. Separate transmitting and receiving units do not…

An anti-suit injunction relating to a contract governed by English law is a claim made in respect of that contract for the purposes of the jurisdictional…

An agent’s actual authority is subject to the fiduciary duty to act honestly and in the principal’s interests. Where an agent procures the principal’s consent…

Investment advice is not confined to an express recommendation to buy or sell a defined investment. It includes communication which, in context, goes beyond…

An expert appointed under a contract to determine a dispute must act fairly. Ordinarily, each party should have an opportunity to respond to communications or…

The jurisdiction to make a non-party costs order under section 51 of the Supreme Court Act 1981 is exceptional and fact-sensitive. Relevant considerations…

A trustee-exemption clause must first be construed, and the pleaded allegations must then be tested against its proper scope. Where liability is limited to…

A claim based on proprietary estoppel requires proof of an assurance or representation of a material advantage, detrimental reliance on that assurance, and…

An application to strike out or obtain summary judgment should be determined on the pleaded facts, assumed to be true for strike-out purposes, and by asking…

A purported notice under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 which fails to comply with a mandatory requirement of…

A High Court order cannot be treated as a nullity merely because it was made in error or irregularly. Errors in exercising jurisdiction ordinarily provide…

A Beddoe application does not ordinarily determine a beneficiary’s civil rights or obligations for the purposes of Article 6. It authorises or directs…

For jurisdiction under Article 5(1), a contractual warranty concerning an existing state of affairs can have a place of performance even though it requires no…

A document mentioned in a witness statement is not automatically available for inspection under CPR 31.14. The general procedures for claiming privilege under…

In proceedings under section 459 of the Companies Act 1985, a petitioner may rely on a statutory prohibition affecting the lawful management of the company…

A tribunal should make a final decision on the admission or exclusion of evidence, ordinarily admitting relevant evidence unless there is a compelling reason…

A resolution of pension scheme trustees amends the scheme only if, construed objectively in its surrounding context, it demonstrates an intention to make the…

On an application to join a non-party for the purpose of seeking a non-party costs order, the court should ordinarily consider whether the proposed joinder…

On an application for a mandatory interim injunction alleging abuse of a dominant position, the claimant need show a seriously arguable case. Market-share…

For section 3 of the Prescription Act 1832, a written agreement need not use the word “light”. The question is one of construction. A clause dealing only with…

Advertisement of a winding-up petition should be restrained, and the petition struck out, where the unpaid debt is subject to a bona fide dispute on…

An administration order requires a realistic evidential basis for concluding that an administration objective can be achieved. Where the proposed business will…

Material non-disclosure on a without-notice application will normally lead to discharge of a freezing order, but the court retains a proportionate discretion…

Whether an employee has retired at the employer’s request depends on the substance and realities of the termination, rather than its formal description.…

Summary judgment may be given on serious allegations, including dishonesty and breach of fiduciary duty, where the defence has no realistic prospect of success…

The Comptroller’s discretion to decline patent entitlement proceedings in favour of the court is governed by the statutory question whether the matters…

An option to purchase land must be supported by consideration or made by deed. Under Law of Property (Miscellaneous Provisions) Act 1989, a document is a deed…

A statutory possibility of reverter under the School Sites Act 1841 is triggered when the relevant statutory purpose selected by the grantor ceases, assessed…

A bankruptcy petition may proceed where a confiscation order has been paid, provided credit is given for the amount recovered under that order. HMRC’s policy…

A contractual licence to use copyright material is not confined to a related building contract unless the agreement so provides. The court must construe the…

On summary applications, the court must avoid a mini-trial but may reject factual assertions that have no real substance or are contradicted by contemporaneous…

A creditor, or an assignee of a creditor, may bring an application under section 212 of the Insolvency Act 1986. The applicant must prove the alleged…

A servient owner may not erect barriers which substantially interfere with the convenient exercise of a right of way. The comparison is between the practical…

In committal proceedings, the applicant must prove each alleged contempt beyond reasonable doubt and must identify the allegation clearly in the pleaded…

On an appeal from a trade mark opposition decision, the appellate court must respect the hearing officer’s findings and evaluative judgments. Intervention is…

Recoveries attributable to one fraudulent transaction should ordinarily be credited against the loss from that transaction, but not against liabilities arising…

On a bankruptcy petition, the court should not make a bankruptcy order where the debtor raises a genuine triable issue. The test is broadly equivalent to the…

Disclosure in administration proceedings is exceptional. It should be ordered only where the documents bear materially on a central issue, having regard to the…

Interim injunctive relief may protect a prospective shareholder’s entitlement to a dividend from company assets where there is an arguable risk that the assets…

Proprietary estoppel requires detrimental reliance on the expected right or benefit. Past services which explain a landowner’s generosity do not, without more…

Contractual terms are not implied merely because they would improve one party’s commercial position. A term must be necessary to give business efficacy, so…

A misfeasance application under section 212 of the Insolvency Act 1986 enforces the company’s existing cause of action. It does not create a separate claim…

A statutory right to repayment of overpaid VAT may be assigned unless the governing statutory code expressly prohibits assignment or such prohibition arises by…

A guarantee given by guarantors as primary obligors creates an immediately payable liability, even where the guarantee also refers to payment on demand, unless…

On an application for an interim patent injunction, damages are ordinarily an adequate remedy where the claimant’s recoverable loss can be calculated by…

The construction of a restrictive covenant depends on the objective meaning of the instrument read as a whole and in its commercial context. Express wording…

Discovery assessments remain valid where HMRC honestly concludes, on information reasonably available, that tax has been lost and honestly assesses the amount…

An equitable right to redeem enables a mortgagor to perform the contractual redemption bargain late. It does not entitle the court to rewrite that bargain or…

To establish an abuse of dominance under Competition Act 1998, a claimant must prove the relevant product and geographic markets, the defendant’s dominance…

A pleading alleging fraudulent VAT arrangements is not liable to be struck out merely because the transactions may have been dishonest, unauthorised or void…

On an application for an interim injunction, where there is an arguable case, the principal question is the balance of convenience rather than a mini-trial of…

Section 51 of the Copyright, Designs and Patents Act 1988 may protect copying of the shape or configuration of an article, but it does not protect copying of…

A contractual term cannot exclude the court’s discretionary jurisdiction under section 49(2) of the Law of Property Act 1925 to order repayment of a deposit in…

Where a registered general boundary is shown in the wrong place, the register may be altered even though the alteration does not change the paper title. The…

A beneficiary under the doctrine of mutual wills does not claim under the surviving testator’s will and therefore lacks standing under section 50 of the…

An appellate time limit runs from the decision being challenged. A tribunal’s later correction or supplementation does not revoke the original decision or…

A contract must be construed from its final terms and admissible background circumstances. Prior drafts and negotiations generally cannot be used to show that…

A conditional fee agreement must comply with the statutory and regulatory requirements in force when it was made. A breach does not automatically render it…

A judgment is generally inadmissible as evidence of facts found in earlier proceedings where the later proceedings require those facts to be proved afresh.…

A respondent may challenge the formal validity of a Financial Ombudsman determination in enforcement proceedings where the statutory scheme does not clearly…

For passing off, goodwill must be more than trivial at the relevant date. A descriptive title may nevertheless generate goodwill where it is not ordinary…

An oral agreement requiring a cohabitant to apply proceeds from another property towards reducing the mortgage on their shared home need not satisfy…

The statutory time limit for making an assessment under the Taxes Management Act 1970 applies to assessments made by the Revenue, not to a taxpayer’s…

When deciding whether to extend time under Civil Procedure Rules 1998, Part 3.9, delay is one factor among several. The central practical question is whether…

An owner of goods may prohibit a customer from returning them through a former authorised outlet where the contractual return mechanism requires return to an…

On an interlocutory injunction application, evidence must be relevant to an issue that remains for decision. Where each party has an arguable case and the…

A third-party costs order against receivers requires the court to exercise the broad discretion under Supreme Court Act 1981, s 51(3) in circumstances that are…

Under Arbitration Act 1996, proceedings must be stayed to the extent that they concern a matter which the parties agreed to refer to arbitration, unless the…

For VAT surcharge purposes, a reasonable excuse may arise where a taxpayer makes a clerical error in completing a return but promptly corrects it in manuscript…

Summary judgment remains discretionary even where the claimant’s debt is established and the defendant’s counterclaim or set-off is uncertain. The court must…

A bankrupt’s beneficial interest in property vests in the trustee in bankruptcy on the bankruptcy order. The bankrupt therefore has no proprietary interest…

An arbitration clause covering disputes arising out of or connected with an agency contract is construed broadly. Where a party invokes Arbitration Act 1996…

Where litigation is conducted for an insured party by solicitors instructed by the insurer, the court will ordinarily infer a retainer between the insured and…

Summary judgment may be granted where the defendant has no real prospect of successfully defending the claim. The court must consider the evidence as a whole…

A civil fraud claim is proved on the balance of probabilities, although serious allegations require strong and cogent evidence. In an unlawful-means…

For composite goods consisting of ink and a cartridge casing, the competing tariff headings may be equally specific under GRI 3(a) where each heading describes…

On summary applications, the court asks whether the claim has a realistic, rather than fanciful, prospect of success. It must avoid a mini-trial, consider…

For deceit, a claimant must establish a false representation, knowledge of its falsity, materiality, inducement, and loss or detrimental reliance. The tort is…

On an appeal concerning discretionary interest, the appellate court should interfere only where the lower court materially misdirected itself or reached an…

A testamentary gift is invalid for undue influence where coercion or fraudulent calumny has overborne the testator’s free judgment. No presumption of undue…

An appeal on a question of law may succeed where a decision-maker addresses the wrong issue, rejects credible evidence without adequate reasons, or makes a…

Consent to use a trade mark or make direct sales is construed by reference to its agreed scope and commercial purpose. Permission to supply branded goods where…

A company voluntary arrangement may regulate creditors’ conduct towards a third-party guarantor where the restriction protects the company’s own interests. It…

An applicant for security for costs under CPR 25.13(2)(c) must show reason to believe that the claimant will be unable to pay the costs if ordered to do so. It…

Tax legislation must be construed purposively, but a court cannot correct clear and unambiguous deeming provisions merely because their application produces an…

A dishonest assistant in a breach of trust is not, merely by reason of that assistance, a fiduciary or trustee. The ordinary remedy is personal compensation…

Part 3 of the Pensions Act 2004 and the Scheme Funding Regulations did not create an exclusive code which displaced a scheme’s contribution rules. Before the…

A beneficial interest in land is determined by the parties’ arrangements and intentions at the time of acquisition, subject to any effective later disposition.…

A solicitor must exercise the standard of a reasonably competent practitioner with the specialist experience which the retainer and the solicitor’s standing…

A settlement providing for the purchase and valuation of an LLP member’s share ordinarily concerns the capital value of the member’s interest, rather than…

In a probate action, costs remain in the court’s discretion. Although the usual rule is that costs follow the event, special circumstances may justify making…

A settlement reached through CPR Part 36 is enforceable under the court’s procedural jurisdiction even where acceptance does not create a contract satisfying…

A contractual licence to enter land for construction must be construed with the obligations governing that construction. Where the agreement requires specified…

Where a dwelling is occupied under a qualifying licence and the licence has ended, the Protection from Eviction Act 1977 restricts enforcement of the owner’s…

A contractual early-redemption term may be unfair where it is opaque, produces a significant imbalance to the consumer’s detriment and requires payment of a…

Under Article 28 of Council Regulation 44/2001, proceedings are related where they are so closely connected that separate determination creates a risk of…

On the proper construction of a commercial lease, an original lessor may remain bound by the lessor’s covenants and entitled to enforce the tenant’s payment…

Section 303 of the Insolvency Act 1986, as modified by the Insolvent Partnerships Order 1994, gives the court a broad power to regulate insolvency proceedings…

A contractual limitation of a tenant’s liability may restrict the landlord’s remedies without reducing the rent reserved by the lease. Where the limitation…

Where a trust is expressly declared by a written instrument, the court ordinarily gives effect to the declaration unless it is set aside or rectified. A…

Input VAT is deductible only so far as the goods or services are used for taxable output transactions. This remains so where supplies between members of a VAT…

A contractual condition governing when a tenant may seek consent to assign is distinct from a condition imposed when consent is being considered. Section 19(1)…

Whether a product is a “beverage” for VAT purposes is ordinarily a question of fact and degree. The tribunal must apply the ordinary meaning of the word unless…

Serious allegations of duress and fraud remain subject to the ordinary civil standard of proof. However, the more inherently improbable and serious the alleged…

An independent expert’s certificate is binding where the expert answers the question remitted by the contract, even if the answer is wrong. The court may…

On an application for a stay under section 9 of the Arbitration Act 1996, the applicant must establish that an arbitration agreement was concluded and that the…

A statutory body that cannot lawfully grant a private easement over protected common land cannot be treated as a competent grantor for prescription. The…

For a claim under section 423 of the Insolvency Act 1986, a person may be capable of being prejudiced even before becoming a judgment creditor. An accrued…

When administrators seek sanction to distribute an estate despite disputed, contingent or stale claims, the court must balance the administrators’ need for…

A solicitor’s negligent preparation of a will may make the reasonably foreseeable costs of challenging it recoverable. Recovery is limited to costs caused by…

Whether entertainment services are supplied by a club or by self-employed performers is determined by the substance of their relationship and the agency…

Input tax is deductible only where the taxpayer received a supply of services for consideration, used for its business. A contractual or regulatory breach, an…

A party may raise a new point in a remitted inquiry where refusing to hear it would be unjust, even if the point could and should have been advanced earlier.…

A mortgagee exercising a power of sale must take reasonable care to obtain the best price reasonably obtainable at the time. The duty is equitable, and the…

A party seeking damages within contempt proceedings must establish that the underlying claim has no tenable ground of defence, unless damages are determined…

Communications made during mediation may be admitted to determine whether they resulted in a concluded settlement. Mediation does not create a separate status…

Adverse possession requires both factual possession and an intention to possess. Factual possession must involve single and exclusive physical control…

For the exception in section 179(2) of the TCGA 1992, the companies concerned must have been associated with one another when the relevant acquisition…

When fixing a bankruptcy trustee’s remuneration, the court must balance the value of the service, proportionality, and fair and reasonable remuneration for…

An unconditional assurance that a person is to be treated as an equal shareholder may support a proprietary estoppel where the assurance is relied on by…

For limitation purposes, a mortgagee’s right to possession accrues when the mortgagee becomes entitled to possession. The mortgagor need not occupy the land…

Where occupation is granted pending completion of an agreement for the grant of a lease, the presence of exclusive possession, a term and rent does not…

The turnover test for a construction-industry subcontractor’s tax certificate was a proportionate response to the risk of tax evasion. It fell within the…

In commercial litigation, the starting point for costs is to identify the successful party. The clearest indication is ordinarily the party who must pay money…

A cross-undertaking in damages or loss is construed according to its wording, background and purpose. Where the undertaking is given by a third party, costs…

A sign may lose its capacity to indicate trade origin where extensive third-party use has caused the relevant public to understand it as identifying a team…

A statement that pension benefits will be identical to those under an earlier scheme does not necessarily incorporate all future changes or provisions of that…

An order for service by an alternative method is exceptional, but it does not require proof that every method permitted by the rules is impracticable. The…

Whether a charge is fixed or floating depends on the rights and obligations created by the instrument, not on the label chosen by the parties. The court must…

Where parties agree to the non-exclusive jurisdiction of the English courts, the contractual choice creates a strong prima facie case for retaining…

In deceit, a claimant may recover loss directly flowing from a fraudulent misrepresentation, subject to proving causation, remoteness where relevant, and…

A contractual right to terminate may be waived where the party entitled to terminate, with knowledge of the relevant breach, demands and accepts royalties. A…

A contractual pension entitlement must be determined by the promise made between the parties, read with the applicable pension rules. A court should not imply…

The discretion to award interest under section 84(8) of the Value Added Tax Act 1994 is independent of the statutory rates under sections 78 and 79. Those…

An assessment for excise duty under section 13 of the Hydrocarbon, Oil and Duties Act 1979 is not confined to fuel found in an identified vehicle. The…

Summary judgment should be refused where allegations of serious personal corruption depend materially on disputed witness evidence, hearsay, unexplored…

An administration order for an insolvent partnership requires satisfaction of two threshold conditions: inability to pay debts and a reasonable likelihood that…

When deciding an application for a mandatory interim injunction, the court applies the approach that minimises the risk of injustice if the order proves wrong.…

In construing a commercial contract, the parties’ negotiations and declarations of subjective intention remain inadmissible as contractual background, subject…

A search order requires a strong prima facie case, a risk of very serious damage, clear evidence of a real possibility that relevant material may be hidden or…

Under the new administration regime, business rates accruing on property occupied by a company in administration are payable as expenses of the administration…

Section 14 of the Commons Registration Act 1965 gives the High Court a broad rectification jurisdiction. The application is not an appeal or rehearing confined…

Under Insolvency Act 1986, s.339, a transaction must be assessed according to the documents’ legal effect unless rectification has been claimed and granted. A…

A contractual obligation to use reasonable endeavours gives the obligor substantial latitude as to the method adopted, provided the method remains within the…

For internet advertising, accessibility in the United Kingdom does not alone establish use in the United Kingdom. The question is whether the average UK…

Under section 6 of the Company Directors Disqualification Act 1986, directors may be disqualified where their knowledge, participation or acquiescence makes…

Where a derivative-action permission application is justified at the time it is decided, the claimant may recover the costs incurred up to that decision. A…

Article 5(3) of the Brussels Regulation confers exceptional jurisdiction only where the harmful event occurred, or the immediate victim suffered direct damage…

An appeal under section 83(c) of the Value Added Tax Act 1994 requires a prior decision by HMRC concerning the amount of input tax creditable to the taxpayer.…

Under the Tour Operators’ Margin Scheme, the year-end calculation determines the true VAT liability for the preceding financial year. The liability arises in…

Under Financial Services and Markets Act 2000, arrangements may fall within the regulated activity of arranging investments even where they do not execute…

For the purposes of a statutory demand, security given by the principal debtor may constitute security for a guarantor’s debt where realising that security…

Contractual provisions for payment in lieu of notice should be construed consistently with the employee’s existing entitlement to notice unless the contract…

On an application under Civil Procedure Rules 1998 Part 24, the court should not finally determine a seriously disputed question of fact where the evidential…

Restrictive covenants must be construed in their context and by reference to their apparent purpose. A covenant prohibiting construction of more than one…

A beneficial interest arising on a purchase funded by a secured loan cannot take priority over the mortgage where acquisition of the legal estate and grant of…

Where the correct interpretation of a directly effective Community tax provision is necessary to determine an appeal, and existing guidance is insufficiently…

On an appeal under the Arbitration Act 1996, the question was whether refusal of consent under a scheme of management was within the range of reasonable…

Where an appeal concerning land registration depends on the outcome of related substantive proceedings, the proceedings should ordinarily be managed together.…

Under section 111 of the Financial Services and Markets Act 2000, the court has an overriding discretion whether to sanction an insurance business transfer…

Zero-rating provisions preserved under the transitional derogation in article 28(2)(a) of the Sixth Directive are not automatically to be construed as matching…

Damages in lieu of an injunction for infringement of a right to light are assessed by reference to the greater of loss of amenity and the value of losing the…

Contractual notices exercising unilateral rights are construed objectively. The question is how a reasonable recipient, aware of the contractual terms and…

For the purposes of the accrued income scheme, a person cannot cease to be entitled to securities before becoming entitled to them. Where a taxpayer agrees to…

Whether workers are employees depends on whether they work under a contract of service with the alleged employer. The law does not require a rigid choice…

On an appeal alleging inadequate reasons, the appellate court may infer the lower court’s reasoning from the judgment, evidence and submissions. Reasons may be…

Questions concerning a company’s internal management, including the right to bring derivative proceedings, will ordinarily be determined by the courts of the…

Goods may satisfy an industry standard yet fail the statutory requirement of satisfactory quality. The assessment is objective and considers the goods as…

In managing extensive group litigation, the court may select representative cases for focused preparation and an initial hearing without staying the remaining…

For the purposes of Solicitors Act 1974, a winding-up petition is an “action” for enforcing a contentious business agreement. A solicitor cannot circumvent the…

A taxpayer cannot use a common-law restitutionary claim to circumvent the statutory limits governing repayment of tax where the claim falls within Taxes…

A trust appointment expressed as absolute may remain defeasible where the instrument reserves a power of revocation. The power must be exercised in the manner…

On an appeal concerning trade mark specifications, the court may confine the specification to goods properly falling within the relevant class and supported by…

An appeal to the VAT and Duties Tribunal requires a prior decision by the Commissioners which is adverse to the taxpayer and relates to an amount or other…

For the construction industry scheme, the court must identify the contractual nexus under which labour is furnished. Express contracts must be considered with…

For VAT purposes, a transaction must be analysed by reference to its economic reality and the objective features of what a typical customer receives. Supplies…

An agent’s entitlement under the Commercial Agents (Council Directive) Regulations 1993 depends on the substance of the agency and the statutory…

An appeal from a trade mark hearing officer is a review, not a rehearing. An appellate court should show real reluctance to interfere with a specialised…

For service out of the jurisdiction, a claim need not arise under a contract to be a claim “in respect of” it. The phrase extends to a claim sufficiently…

At a possession hearing under Civil Procedure Rules 1998, the court may decide the claim without directing a full trial where the defendant’s evidence is…

In the pre-1996 version of section 37(1)(c) of the Trustee Act 1925, “individuals” means natural persons and does not include corporations. Legislative…

Rectification for unilateral mistake is a drastic remedy and requires strict proof. The claimant must show that the other contracting party had actual…

A testamentary gift expressed to be held in trust should not be construed as an absolute gift unless the will as a whole displaces the ordinary meaning of…

Adult children have no special statutory hurdle under the Inheritance (Provision for Family and Dependants) Act 1975. Their claims are assessed by weighing all…

A party relying on confidential evidence to obtain an order must ordinarily disclose that evidence to the person affected, particularly where the evidence may…