High Court: Chancery Division judgments, 2017

On an application to approve a cross-border merger, the court must first verify that the statutory jurisdictional requirements are satisfied. It should then…

In exercising its discretion after a successful intellectual property claim, the court must make proportionate and practical ancillary orders. Delivery-up or…

Costs following an application for injunctive relief against persons unknown depend on the parties’ relative success, the nature of the application and the…

Under section 97A of the Copyright, Designs and Patents Act 1988, the court may require internet service providers to block or impede access to servers…

On summary judgment, the court must ask whether the claim has no real prospect of success. Issues depending on disputed witness evidence, intention to create…

Commercial pressure amounts to economic duress only where it is illegitimate and significantly induces the transaction. A creditor who honestly asserts an…

In assessing likelihood of confusion, the court must consider not only the distinctiveness of the earlier mark as a whole, but also the distinctiveness of the…

Under Practice Direction 3E, paragraph 7.6, a party must revise its costs budget where significant developments warrant revision. The court assesses the…

For jurisdiction under article 125(5) of the EUTM Regulation, the claimant must show a good arguable case that the defendant committed, or threatened, an…

Trade mark infringement under sections 10(2) and 10(3) requires a global assessment from the perspective of the average consumer, including visual, aural and…

Litigation privilege applies where documents are created when adversarial litigation is in progress or contemplation, for its sole or dominant purpose. The…

On an application for the appointment of a provisional liquidator under Insolvency Act 1986, section 135, the court must first consider whether a winding-up…

Insolvency proceedings are inappropriate where a company shows that the alleged debt is genuinely disputed on substantial grounds. The threshold is low, and…

A default judgment may be set aside where proceedings were deliberately served at an incorrect address and the defendant was thereby prevented from responding.…

The Norwich Pharmacal jurisdiction may be used where there is a good arguable case that wrongdoing has occurred, disclosure is needed to identify the wrongdoer…

A signed deed will not be avoided for non est factum where the signer understood its general character and effect, had sufficient ability to understand it, and…

Survey evidence in passing off proceedings should be admitted where it is likely to have real value and that value justifies the cost. The court must evaluate…

On applications concerning a disputed chain of property contracts, the court may preserve the position by injunction where there is a serious issue to be tried…

The court may extend an administrator’s term of office where continuation serves the interests of the company’s creditors as a whole. The discretion under…

Following limited proof of trade mark use, the specification must reflect the services actually used while preserving protection for immaterial variations…

An extended civil restraint order may prevent a claimant from issuing related claims against parties who were not defendants in the proceedings giving rise to…

Where a company is insolvent, or there is a real and not remote risk that creditors will remain unpaid, directors must consider the interests of creditors as a…

A right to station a hut on another’s land may create a tenancy where the occupier has exclusive possession for a certain periodic term in return for payment.…

Permission to serve proceedings out of the jurisdiction requires the claimant to satisfy each applicable jurisdictional and procedural requirement. For the…

In individual insolvency proceedings, a County Court’s decision whether to make, stay, adjourn or dismiss a bankruptcy petition involves an exercise of…

At the second stage of a cross-border merger, the court must apply the statutory scheme governing the respective stages of scrutiny. The court may rely on…

Where a lender funds an intermediary’s onward lending, the repayment obligation depends on the parties’ agreement objectively understood in its commercial…

Sentencing for contempt is principally punitive and deterrent where the contempt is complete and no coercive purpose remains. The court must assess the…

A resulting trust may arise on a gratuitous transfer of land. The presumption remains a starting point and may be displaced by evidence of the parties’…

The court may direct separate trials of issues, but preliminary issues should be ordered cautiously and sparingly. The criteria in Steele v Steele provide…

A statutory regime may exclude a common-law restitutionary claim where, construed as a whole, Parliament intended the statutory remedy to be exclusive. The…

In a bank’s sale of an interest-rate derivative, the contractual allocation of responsibility is central to whether advisory duties arise. Where an ISDA…

A foreign representative applying without notice for recognition under the Cross-Border Insolvency Regulations 2006 must give full and frank disclosure of…

An option under a contract may create a right capable of surviving termination, even though its exercise depends on a future contingency. The question is one…

On a first directions hearing for a ring-fencing transfer scheme, the court must assess whether the proposed communications plan is appropriate to notify…

A contempt application for breach of a court order requires proof to the criminal standard. The order must be unambiguous, the defendant must have notice of…

A defence or counterclaim may be struck out where, even on a benevolent reading, it discloses no sustainable cause of action or defence. However, a pleading is…

On a without-notice application for a freezing injunction, the applicant must make full, fair and accurate disclosure of all material facts, including facts…

On a strike-out application, a business-rates avoidance scheme was arguably effective only if its leases were genuine, the statutory provisions did not permit…

The VAT exemption for insurance transactions does not extend to pension fund management supplied by non-insurers. Management of group pension funds is treated…

A joint venture or partnership is not created merely because parties have begun preparatory steps or made payments. The court must identify an objectively…

An unsecured creditor does not acquire a lien merely because its work or expenditure preserved or enhanced an insolvent estate. The court will not create a new…

A solicitor’s retaining lien may be overridden where the retainer was terminated by the client and the solicitor’s conduct amounted to misconduct. Misconduct…

Where a cause of action is complete at the very beginning of a particular day, that day is included when calculating the statutory limitation period. The…

On an application to restrain presentation of a winding-up petition, the court should not determine the ultimate validity of the debt. It must decide whether…

A quia timet injunction may restrain unidentified protesters where there is an imminent and real risk of unlawful interference with private property or access…

A contractual reference to a financial institution may include a legally recognised entity whose business concerns commercial finance, even if it is newly…

When deciding whether to grant an interim injunction restoring a party to a regulated or categorised status, the court must assess the practical consequences…

An application for pre-action disclosure is a free-standing proceeding. It may be served out of the jurisdiction where the statutory and procedural…

On an application to restrain presentation of a winding-up petition, the applicant company bears the burden of raising a valid defence to the alleged debt. The…

A landlord’s right to forfeit a lease may be waived by an unequivocal demand for future rent made with knowledge of breaches. The landlord cannot reserve a…

An unfair prejudice petition requires proof that conduct relating to the company’s affairs has prejudiced the petitioner’s interests as a member and that the…

An application to vary or discharge a warrant under section 28 of the Competition Act 1998 is an inter partes rehearing, analogous to the return date for a…

The expression “in the ordinary and proper course of business” in a freezing-order undertaking requires a fact-sensitive assessment. The court should consider…

For disqualification under the Company Directors Disqualification Act 1986, unfitness is a factual value judgment measured against the standards of probity and…

A determination by a UK IPO hearing officer may create cause of action estoppel and issue estoppel where the hearing officer is acting as a court of competent…

A solicitor’s undertaking given by a recognised body is not enforceable through the Court’s supervisory jurisdiction against the body where that jurisdiction…

Subscriber shares in a public company taken pursuant to the memorandum must be paid up in cash. A later transfer of shares in another company does not satisfy…

Commercial loans advanced to a company may be legally binding even where later advances are undocumented. The court may infer their terms from the parties’…

Legal advice privilege extends beyond communications themselves to material that reproduces, summarises or otherwise reveals their substance. A document is…

For summary judgment, the court must ask whether the defence has a realistic, rather than fanciful, prospect of success and whether any other compelling reason…

For patent claim scope, the court must first determine the normal meaning of the claim. Only if the variant falls outside that meaning should the Actavis…

Recognition under the Cross-Border Insolvency Regulations 2006 depends on the statutory criteria, construed in light of the Model Law’s international origin…

Regulation 74 of the Local Government Pension Scheme (Administration) Regulations 2008 permits recovery or retention of pension benefits only where the member…

Sentencing for contempt must address three objectives: punishment marking the breach, deterrence supporting the rule of law, and coercion securing compliance.…

A member’s interests under section 994 of the Companies Act 2006 include equitable expectations arising from an informal understanding in a private company.…

A freezing injunction may be granted where the claimant has a good arguable case, the defendant has assets within or outside the jurisdiction, and there is a…

On an appeal involving nuisance, negligence and flooding, an appellate court should respect the trial judge’s findings of primary fact where they are supported…

Unauthorised dispositions of registered land may constitute a mistake in the register, permitting rectification under Schedule 4 to the Land Registration Act…

Non-compliance by a bankrupt with statutory duties under the Insolvency Act 1986 constitutes contempt of court where the breach is proved beyond reasonable…

A court determining the winding up of an informal family business may look beyond legal title to determine beneficial ownership, particularly where assets were…

Permission to appeal may be refused where the substantive issue has become academic and success could affect only an earlier costs order. The court should…

A representation is construed by asking what a reasonable recipient would understand from the words in their context, including any necessary implication. A…

An administrator may sell a company’s bare cause of action where authorised by the statutory power of sale. Contractual negotiations conducted through a…

Communication arrangements for a proposed ring-fencing transfer scheme should be tailored to the structure of the scheme and the likely effect on different…

Under Companies (Cross-Border Mergers) Regulations 2007, the date specified in the merger terms for shareholders’ entitlement to participate in profits is…

Fraudulent calumny requires proof that a false representation about a potential beneficiary was made knowingly or recklessly, and that it induced the testator…

Under Companies Act 2006, unfair prejudice requires prejudice causally connected with conduct contrary to the terms governing the company’s affairs. Where no…

A lease covenant against permitting an encroachment upon or against the demised premises may extend to interference with incorporeal rights included in the…

A claim to set aside a judgment for fraud requires genuinely new evidence. Evidence already obtained and relied upon in the earlier proceedings cannot satisfy…

Orders under section 236 of the Insolvency Act require a reasonable requirement for the material sought, must not be used abusively, and must not impose an…

An oral promise by a company director to ensure that his company performs an obligation may constitute a guarantee, even if the word “guarantee” is not used.…

In valuing shares for an unfair-prejudice buy-out, the court must value the rights or interests actually acquired in the hypothetical transaction. Where the…

A television programme format may in principle qualify as a dramatic work, but copyright requires clearly identified distinguishing features arranged in a…

A costs order remains effective and enforceable unless it has been set aside or otherwise discharged. Later amendment of the pleadings does not retrospectively…

In assessing costs in substantially similar copyright infringement claims, the court should distinguish costs necessary to establish infringement from work…

On an appeal from a Pensions Ombudsman decision, an incorrect pension estimate does not automatically confer entitlement to the quoted benefit. The claimant…

For a prescriptive drainage easement, the extent of the right is measured by the extent of the historic user. The court must assess the actual use acquiesced…

A local authority’s duty under section 46(1) of the Public Health (Control of Disease) Act 1984 arises only when it has formed the statutory view that no…

For the purposes of the compensation cap, a benefit is attributable to pensionable service where it is earned through service as an active member of the…

Bailment depends on possession, ordinarily involving the voluntary assumption of possession of another’s goods. Permission to enter land and care for animals…

A trust deed must be construed as a whole to determine the substance of the rights and powers it creates. Where a settlor is also a discretionary beneficiary…

When construing an ambiguous testamentary gift, the court must identify the recipient intended by the words used, read in their factual and commercial context.…

A statutory intervention under Solicitors Act 1974 Schedule 1 paragraph 6 remains effective while the intervention continues. Repayments received after…

When deciding whether to expedite an insolvency application, the court should apply a structured discretionary assessment. The relevant considerations are…

Compulsorily obtained documents and information may be used only for the statutory purposes for which the compulsory power was conferred. Sharing such material…

A challenge under Arbitration Act 1996, section 68, is a long-stop remedy for extreme procedural failures, not an appeal on the merits. Failure to deal with an…

On the dissolution of an unincorporated members’ tennis club, distribution is governed first by the club’s contractual rules. In the absence of a contrary…

Under Insolvency Act 1986, exceptional circumstances may displace the statutory assumption that creditors’ interests outweigh other considerations, but they do…

Dishonest assistance requires assistance of a breach of trust and dishonesty assessed by reference to the defendant’s actual knowledge and the ordinary…

Genuine use of a trade mark in the United Kingdom requires commercial activity by, or authorised on behalf of, the proprietor which is directed towards…

An application in extant proceedings should be made within a reasonable time after the applicant becomes aware, or should have become aware, of the need to…

Before 1 May 2004, a national court could not determine whether an air-transport agreement involving routes between the European Union and third countries…

Restrictive covenants affecting land are equitable property rights, not personal contractual rights. A breach by one successor in title does not generally…

An amendment should be refused where the proposed case has no real prospect of success. The same test applies as on an application for summary judgment.…

In determining preliminary directions for a proposed ring-fencing transfer scheme, communication requirements should be assessed by reference to objective…

An application to extend time for serving a defence is governed by CPR 3.9 where the application is made after the deadline. The court must assess the…

In construing a home-made will, the court must ascertain the testator’s intention from the words used, read in their context and in the circumstances. A trust…

Service of a claim form requires compliance with the Civil Procedure Rules and an objective assessment of what was communicated. Sending a copy of an issued…

In an unfair prejudice petition, the court must identify conduct affecting the company’s affairs which prejudices the petitioner’s interests as a member and is…

A company may distribute profits only from sufficient distributable reserves. Historic losses are relevant, even where the company is trading profitably. A…

Clear contractual language must be applied according to its ordinary meaning. The court will not imply a qualification merely because the agreed machinery may…

A claimant seeking specific performance of an alleged oral agreement must prove the agreement and its material terms on the balance of probabilities. Where…

Rectification of a voluntary trust instrument depends on the maker’s subjective intention. No outward communication of that intention is required. The claimant…

A freezing injunction or related undertaking requires solid, objectively assessed evidence of a real risk that a future judgment will not be met because of…

A right of way granted over a “track or way” is ordinarily confined to the physically discernible track existing when the grant was made. It does not include…

Failure to comply with an unless order causes the specified sanction to take effect automatically. An application for relief from that sanction is governed by…

When a commercial running account governed by foreign law must be restated, the court must apply the governing contractual provisions and the relevant…

A promissory estoppel requires a clear and unequivocal promise that strict legal rights will not be enforced, reliance on that promise, and circumstances…

In a statutory derivative claim, permission under Companies Act 2006, s 261 is not merely a procedural requirement under the CPR. Service undertaken before…

An arbitration clause in sporting rules does not bind participants merely because they participate in the sport or fall within the rules’ definitions. Under…

An administrator’s decision to require fixed-charge receivers to vacate office must be taken rationally and with proper regard to the secured creditor’s…

Where an injunction permits a party to retain another person’s electronic equipment for examination, copying or deletion, retention must remain limited to the…

Where a domestic property is bought in joint names without a valid signed declaration of trust, equity presumes beneficial joint tenancy unless a different…

A database may qualify for database right and copyright even if it is simple, compact or stored as a PDF, provided its constituent materials are independent…

An interim injunction requires a serious issue to be tried, inadequacy of damages or injustice in confining the claimant to damages, and a favourable balance…

An expert determination is not final merely because the expert has signed it. Where the instructions require the determination to be sent to the parties, the…

In a members’ voluntary liquidation of a company limited by guarantee, membership ceases on a member’s death or dissolution unless the articles provide…

Where an interim injunction would determine the practical outcome because the trial will occur after the threatened interference has ended, the court must…

The equitable doctrine of mutual wills requires proof, on the balance of probabilities, of a legally binding agreement that the wills would be made in an…

A further assurance clause gives effect to obligations already undertaken; it does not create the underlying obligation. Contractual duties to provide…

When administrators seek directions approving a particularly momentous compromise, the court’s role is limited. It must determine that the proposed transaction…

In an exceptional administration with a substantial surplus and no prospect of returning to business, the court may permit the company’s directors and members…

Permission to amend a statement of case shortly before trial requires a compelling justification, particularly where the proposed amendments introduce a…

A judge may vary or reverse a decision at any time before the consequential order is sealed. That power must be exercised judicially and in accordance with the…

The tort of causing loss by unlawful means requires: unlawful means directed towards a third party; conduct actionable by that third party, or which would be…

A mere mistake of fact does not invalidate a will or, by itself, establish lack of testamentary capacity. The mistake must provide evidence of an insane…

A lender may reasonably rely on information supplied by a regulated intermediary or independently verified by the borrower’s employer when assessing mortgage…

An application to withdraw a regulatory intervention requires the court to balance the risks of restoring the solicitor or firm to practice against the…

Summary judgment requires an absence of reality in the defence, not an assessment of probability. Where a company is insolvent, precarious or of doubtful…

An adjudicator determining an objection to cancellation of a Land Registry notice may decide the underlying merits of the dispute referred to the adjudicator.…

A settlement agreement releasing claims by a company against a former director is construed by reference to its language, context and commercial purpose. A…

Procedural applications raising jurisdictional and compliance issues should receive proper consideration, particularly where a litigant has recently become…

Where the court has already ordered the sale of trust property, a prospective beneficiary seeking to join proceedings or obtain financial provision is not…

An easement may be acquired under the doctrine of lost modern grant where there has been at least 20 years’ continuous use of the land as of right. The use…

Permission to bring committal proceedings for breach of CPR r31.22 requires a strong prima facie case of deliberate or reckless breach. The applicant must also…

A company director must acquire and maintain sufficient knowledge of the company’s business to discharge the statutory duty of reasonable care, skill and…

A party claiming a right to occupy land under a disputed lease must prove the lease’s authenticity where possession is claimed by the registered proprietor. A…

Late acceptance of a Part 36 offer ordinarily attracts the prescribed costs consequences. Departure from that order requires injustice, assessed in all the…

For the purposes of the licensing regime, “main navigable channel” means the entirety, bank to bank, of the main through route of the relevant waterway…

An equitable charge may secure a debt repayable only when identified property is sold, provided the owner has undertaken to appropriate the sale proceeds to…

Contempt of a freezing order must be proved by the applicant to the criminal standard. Circumstantial evidence may establish contempt, but the court must…

A claim should proceed to trial where the evidence gives it a realistic, rather than fanciful, prospect of success. The court must not conduct a mini-trial on…

An unconditional and irrevocable contractual release cannot ordinarily be qualified by implying a condition precedent which contradicts its express wording.…

On an insurance business transfer application, the court must decide whether the scheme is fair as a whole between the interests of the affected classes. It…

A partnership loan may bind the partnership when accepted or signed by one partner if that partner has actual or ostensible authority. Contractual provisions…

Legal professional privilege does not automatically pass to a trustee in bankruptcy merely because documents relate to assets vested in the trustee. The…

Where a proprietary injunction restrains assets claimed as trust property, the court may permit payment from those assets of expenses properly incurred in…

An application to challenge an arbitration award must ordinarily be brought within the 28-day period in section 70(3) of the Arbitration Act 1996. An extension…

Where a fiduciary elects to claim equitable compensation for losses resulting from an unauthorised payment, the wording of the remedy ordinarily requires an…

When a trial expands beyond its estimated duration, the court may increase a party’s costs budget where additional work is clearly required and will assist the…

The court may impose conditions on an application, including a jurisdiction challenge, under CPR rule 3.1 where necessary to further the overriding objective.…

A national court cannot declare EU legislation invalid. It may reject an invalidity challenge if the arguments are unfounded, but a well-founded challenge on a…

Reporting restrictions may be imposed under the court’s inherent jurisdiction and/or powers giving effect to Convention rights where necessary to balance…

A declaration of trust must be construed objectively. Where it sets out the beneficial ownership completely, a prior agreement cannot alter that ownership…

A bankrupt cannot invoke section 316 of the Insolvency Act 1986 in respect of property that has vested in the trustee, because the bankrupt is not a person…

When a late jurisdictional challenge may affect the validity of proceedings, the court must decide whether to pause the trial by applying the overriding…

Sentencing for civil contempt must mark the seriousness of deliberate disobedience while remaining proportionate and directed, where relevant, towards securing…

Permission to serve proceedings outside the jurisdiction must be granted before the court may authorise alternative service on a foreign defendant within the…

Relief from sanctions is governed by the three-stage approach in Denton: assess the seriousness and significance of the breach, identify the reason for it, and…

A contractual permission for a director or joint venture participant to pursue a rejected property opportunity personally remains subject to its express…

Relief from sanctions may be granted after serious and unjustified non-compliance with an unless order where, considering all the circumstances, reinstatement…

Under the Trusts of Land and Appointment of Trustees Act 1996, the court’s jurisdiction to make an order concerning trustees’ functions is distinct from the…

Restrictive covenants in a land-sale transaction may be construed to include land which is later retransferred under the transaction, where excluding it would…

An extended civil restraint order requires a litigant to have made at least three claims or applications that are totally without merit. The requirement of…

Permission for expert evidence should be granted only where the proposed evidence is properly characterised as expert evidence and is reasonably required to…

An application to annul a bankruptcy order is discretionary and may involve consideration of material that was not before the court which made the order. The…

Money paid into court is subject to the purpose for which it was paid and to the court’s control. The payer retains an interest in its proper administration…

A misrepresentation claim fails where the alleged representations and reliance are not proved on the balance of probabilities. A loan-note redemption notice…

A contractual consent requirement must be construed in its commercial and documentary context. A request for consent need not include material which the…

The court’s sanction of a scheme of arrangement is not a ministerial exercise. The court must examine jurisdiction, class constitution, statutory compliance…

Permission to amend at trial is discretionary. The court must balance the applicant’s prejudice against prejudice to the opponent and other court users, giving…

Where a case has been split so that some issues remain outstanding, the court should generally reserve costs if a Part 36 offer may relate to both decided and…

A contractual definition of a collaboration compound must be construed in the context of the agreement as a whole. Where eligibility depends on chemical…

Applications for expedition and preliminary-issue trials are practical case-management decisions governed by the overriding objective. The court must weigh the…

Under CPR rule 3.1(7), final orders are subject to a substantially higher threshold for variation or revocation than interlocutory or case-management orders.…

Whether property held in a company’s name is beneficially owned by its controller is a fact-specific question. The court must apply ordinary equitable…

A witness summons may be set aside or varied where it was not issued in good faith to obtain relevant evidence, the witness cannot give relevant evidence, the…

Permission to serve proceedings outside the jurisdiction requires a serious issue to be tried on each claim and a good arguable case that each claim falls…

On discontinuance, the default costs order is assessment on the standard basis, but the court may order indemnity costs where the claimant’s conduct takes the…

The court may use its power to give directions to an administrator to require potential administration-expense claims to be notified by a specified date and to…

In sanctioning an insurance business transfer scheme, the court must decide whether it is appropriate to sanction the scheme under Financial Services and…

An appellate court should interfere with a case-management decision only where the judge erred in principle or reached a decision outside the permissible…

An injunction is directed to preventing future infringement and depends on a threat and intention to infringe. Past infringement will generally establish that…

Economic duress may arise from lawful conduct where a party uses illegitimate pressure, coupled with a demand substantially beyond normal commercial…

Permission to accept an unwithdrawn Part 36 offer after trial has begun is discretionary. A party who rejects an offer, proceeds with the trial and then…

At a costs management conference, a court should exercise caution before commenting on incurred costs. The exercise is summary and based on limited…

In deciding costs after a statutory demand has been withdrawn or set aside, the court must consider the parties’ conduct and the reasonableness of serving the…

A copyright claim based on an act of authorisation is ordinarily complete when the authorisation occurs. Continued availability of the authorised material does…

Permission to appeal against discretionary interim-relief and costs decisions requires a real prospect of success or another compelling reason. Appellate…

A breach of an undertaking to the court is contempt even where caused by inadvertence. In deciding whether to take further action, the court considers the…

Contractual damages are assessed by reference to the value of the benefit lost, ordinarily at the date of breach. An open-market valuation must reflect the…

A charitable company’s trustees may surrender their discretion to the court where the charity’s governance is impaired by conflicts and the court is asked to…

The court should order a preliminary issue only with caution, because separate trials may increase delay and costs. The issue should ordinarily be decisive or…

Disclosure in complex competition damages litigation must satisfy the overriding objective and be proportionate to the issues, likely evidential value and…

Where service out of the jurisdiction engages the Hague Service Convention, an order validating alternative service under CPR 6.15 requires special…

A claim may be struck out as an abuse of process where a person uses a nominal claimant to revive substantially the same claim previously struck out, even if…

Under CPR Part 3.1(7), an order may be varied or revoked where there has been a material change of circumstances or material non-disclosure. The question is…

An appeal court may defer determination of a proposed amendment where the proposed case must first pass the summary judgment test. An individual voluntary…

A statement in open court recording a bona fide settlement should generally be permitted unless there is abuse, significant unfairness, or another sufficient…

In prospective directions applications concerning ring fencing transfer schemes, the starting point for notification is that individual notice should be given…

Article 10 protects journalistic sources and may also protect material information supplied by a source, even where disclosure would not identify the source.…

A bankruptcy order should be annulled only where grounds existing when it was made show that it ought not to have been made. A creditor must do all that is…

Interim injunctions are discretionary remedies and must be justified by the particular evidence and the precise relief sought. Serious issues to be tried do…

An implied solicitor-client retainer depends on an objective assessment of all the circumstances. A previous relationship with the solicitor is relevant but…

In an interim application where the restraint period would substantially expire before trial, the court should assess the parties’ prospects of success, while…

The court’s discretion to order sale in enforcement of a charging order is separate from the discretion to make the order final. Sale of a debtor’s home is a…

Legal costs incurred to recover or preserve wrongfully released property may be loss directly connected with the claimant’s proprietary or possessory interest.…

Statements of case must contain the essential facts relied upon and must be concise. They should not ordinarily become evidence or a narrative account of the…

Security for costs may be ordered against a non-party funder under section 51 of the Senior Courts Act 1981 and CPR 25.14(2)(b) where it is just to do so. The…

An assignment of a quantified restitutionary claim is not necessarily a bare cause of action. It may be valid where the assigned right to recover the money is…

Section 84 of the Law of Property Act 1925 distinguishes the functions of the court and the Tribunal. The court determines whether land is affected by a…

A winding-up petition is inappropriate where the alleged debt is disputed on bona fide and substantial grounds, or where the company has a substantial…

A unilateral power in pension scheme trustees to amend the rules may permit benefit increases without the employer’s consent where the scheme’s terms confer a…

On an application under CPR r 3.4 and CPR r 24.2, the court must decide whether the claim has a realistic prospect of success without conducting a mini-trial.…

For a declaration of presumed death, the civil standard of proof applies. The court must distinguish between being satisfied that the missing person has died…

An amendment adding a new, time-barred cause of action is permissible under CPR r 17.4 only where it arises from the same or substantially the same facts as an…

Deliberate breaches of disclosure obligations imposed by a freezing order are serious contempts. They ordinarily warrant a custodial sentence, particularly…

Where the parties’ agreement concerning company shares is oral and the documentary record is unreliable, the court must determine the parties’ true agreement…

Springboard relief is available to restrain an unfair competitive advantage obtained through wrongdoing, including breaches of contractual or fiduciary duties.…

Under Jersey law, the default prescription period for personal movable claims is 10 years unless legislation, case law or a clear analogy makes another period…

Where land is conveyed to co-owners on an express trust as beneficial joint tenants, that declaration determines the beneficial ownership unless affected by…

Summary judgment should not be granted on a basis inconsistent with the claimant’s pleaded case. Where the claimant pleads an enforceable agreement and relies…

A judge may revise and approve the transcript of an oral judgment so that it accurately records the reasons for the decision. The approved transcript need not…

A contractual promise is not a condition merely because compliance was important or because the parties contemplated termination for breach. The court must…

A solicitor advising on voluntary disclosure of undeclared offshore income must advise on relevant disclosure routes known to the solicitor, or which a…

A contractual anti-set-off clause remains effective unless validly varied in accordance with the contract. A history of netting payments, or an anticipated…

Under Insolvency Act 1986, s. 279, the court may suspend automatic discharge where the bankrupt has failed, or is failing, to comply with a relevant bankruptcy…

Disclosure is determined by reference to the pleaded issues. Documents may remain relevant even where the alleged breach is linked to an earlier settlement…

At the statutory-demand stage, the bankruptcy court must not investigate the validity or merits of a tax assessment. The assessment creates a statutory debt…

A non-party costs order is exceptional, but the jurisdiction is fact-specific and must be exercised justly. Where a director funds and controls good-faith…

On a summary judgment application, the court may grapple with difficult issues but must not conduct a mini-trial or prefer competing evidence unless one side’s…

A loan is ordinarily repayable on demand where no express repayment term was agreed and no specific term can properly be inferred. The court will not complete…

In a quasi-partnership company, unfair prejudice is assessed by examining the parties’ overall arrangements and equitable understandings, rather than applying…

An extended civil restraint order may be extended where the court considers continuation appropriate. The court must assess the evidence of future vexatious…

A trustee in bankruptcy may disclaim only property comprised in the bankrupt’s estate. Where jointly owned leasehold property is held by the bankrupt and a…

An injunction is generally ancillary to an underlying cause of action. The power to grant injunctions may develop in exceptional categories where necessary to…

The Henderson v Henderson abuse principle applies to claims and defences which could and should have been raised in earlier proceedings. Whether later…

Executors named in a will may bring proceedings concerning a deceased member’s shares before obtaining probate. Ordinarily, however, a company has sufficient…

A foreign defendant may submit to the jurisdiction by conduct when it takes steps in proceedings that are necessary or useful only on the footing that the…

A civil litigant generally has the right to appear through legal representatives and need not attend court personally unless the court has properly required…

A lease clause requiring a tenant to grant the landlord an option to buy back the residue of the term requires a formal option, rather than a simple notice…

A will challenge based on formal validity, knowledge and approval, or undue influence requires assessment of the evidence as a whole. A will which appears…

For security for costs, the court must examine the substance of each application, rather than its procedural form or the hearing at which it will be…

On an appeal from the Registrar of Trade Marks, the appellate court should respect primary factual findings and multifactorial evaluations. It may intervene…

Competition law claims may support an economic tort only where the pleaded and evidenced conduct establishes an infringement of competition law. A claimant…

A limitation direction following restoration of a dissolved company requires a two-stage inquiry. The applicant must first prove, on the balance of…

An equitable assignee of contractual rights cannot exercise a contractual power which changes the counterparty’s legal position until the counterparty has…

Equitable accounting between co-owners is a flexible jurisdiction directed to achieving justice on the facts. Mortgage payments made by one co-owner may…

A judgment obtained by fraud may be set aside only where there is conscious and deliberate dishonesty and the dishonesty was material to the decision. Serious…

Permission to continue a derivative claim should be granted where the statutory conditions are met and the claim is necessary to protect the company’s business…

Service of a statutory demand is a prerequisite to presenting a bankruptcy petition founded on inability to pay an immediately payable debt. A fundamental…

A contractual arbitration clause is not void for uncertainty merely because its precise boundaries are difficult to identify. The court should uphold a…

A restitutionary claim for money paid under a mistake requires proof that the claimant was mistaken when the enrichment was conferred and that the mistake…

An order under CPR 3.1(7) may be revoked only through a principled exercise of discretion. The usual grounds are a material change of circumstances, a material…

A bankruptcy petition based on a partly secured debt must comply with section 269(1)(b) of the Insolvency Act 1986 if the creditor retains its security. It…

The Hastings-Bass principle applies to company directors. A decision may be set aside where directors fail to consider relevant matters or take irrelevant…

In construing pension-scheme rules, a material change in the compilation of an index concerns the way the index is constructed, not the later effect of that…

The unfair prejudice remedy is flexible, but it must be used to remedy proven prejudice rather than to rewrite the parties’ bargain or confer a windfall. In an…

The intervention powers under the Solicitors Act 1974 may operate in parallel against a recognised body and against a solicitor who manages it. The statutory…

A profit à prendre for shooting may include ancillary rights to preserve and rear wild game already present on the servient land. Game birds bred in captivity…

A freezing order restrains the defendant personally from improperly dissipating assets. It does not give the claimant security over those assets or affect…

Deliberately providing false information or doctored documents in response to an order requiring disclosure is a serious contempt of court. A party cannot…

The Pensions Ombudsman must distinguish between maladministration that causes non-financial injustice and maladministration, negligence or a dispute of fact or…

For security for costs, a claimant should not be treated as resident out of the jurisdiction where the evidence of residence has not been tested and is not…

Convention rights may affect the construction of a pre-existing will where the relevant succession question arises after the Human Rights Act 1998 came into…

Fraudulent misrepresentations made by a company director may be actionable against her personally in deceit where the ordinary elements of the tort are proved.…

On an application for summary judgment, the court must assess all relevant evidence to determine what bargain the parties struck. A definite written agreement…

Summary judgment is inappropriate where a director’s alleged breach of duty in making payments to himself raises a real prospect of a defence on remedy or…

An appellate court reviewing a trade mark opposition should interfere with a Hearing Officer’s decision only for a distinct and material error of principle.…

On an appeal under the Inheritance (Provision for Family and Dependants) Act 1975, the appellate court reviews the exercise of discretion for error of…

Under section 97A of the Copyright, Designs and Patents Act 1988, the court may require internet service providers to block access to servers used to infringe…

When making a non-party costs order, the court exercises a statutory discretion. It may determine both whether the non-party should pay costs and the amount it…

For absolute-grounds examination, a broad specification must be assessed by reference to every product falling within its terms. A multipurpose product may…

The court may order disclosure of a commercial funder’s identity where the information is ancillary to the jurisdiction to order security for costs. The…

Where an attestation clause is admittedly inaccurate, it cannot generate a presumption that the will was duly executed in accordance with that clause. The…

The costs of attending a renewed application for permission to appeal remain discretionary. Although a respondent will generally receive no costs for attending…

An application for pre-action disclosure under Senior Courts Act 1981, section 33(2), and CPR Part 31.16 requires more than a potential benefit from additional…

Religious trust instruments are construed objectively and as enduring arrangements, having regard to their language and the long-term purpose of the…

On an appeal from a trade mark Hearing Officer, the court should interfere only where the decision was wrong. Particular caution is required in relation to…

Under section 51 of the Senior Courts Act 1981, a non-party costs order may be made where justice requires it. A controller of an impecunious company is not…

A director breaches fiduciary duties by causing company funds to be advanced to his own company for speculative purposes without full disclosure, proper…

A liquidator who unsuccessfully resists an appeal against rejection of a proof of debt is not ordinarily personally liable for the successful applicant’s…

An arbitration clause covering disputes related to a long-term supply agreement may extend to parallel tort and competition claims where those claims are…

Expert evidence is admissible only where it derives from recognised expertise governed by recognised standards and is potentially capable of assisting the…

Collateral waiver is determined objectively by identifying the actual transaction in respect of which privilege was waived. Where the waiver concerns a…

Testamentary capacity is assessed at the time instructions are given and, ordinarily, when the will is executed. A duly executed and facially rational will…

A preliminary issue should be ordered only where it is likely to produce a real saving of time or cost and materially assist the fair and efficient resolution…

A payment of rent at an increased rate does not, without more, establish agreement of a rent review. The court must identify objectively an offer to settle the…

In an account of profits for trade mark infringement, the court must make the best assessment reasonably supported by the evidence. Mathematical precision is…

An order requiring an impecunious claimant to pay costs as a condition of continuing a claim may pursue a legitimate aim, but it is unlawful under Article 6(1)…

A landlord may be liable for pre-contractual misrepresentation where it represents that it has no knowledge of environmental problems despite information…

A potential claim under the Inheritance (Provision for Family and Dependants) Act 1975 is personal to the eligible applicant. It remains a hope or contingency…

A bank owes its customer a duty to refrain from executing a payment instruction where it has reasonable grounds for believing that the instruction is an…

Expert evidence may be permitted where it is necessary to resolve an issue or would assist the court, provided that its use is reasonably required and…

A beneficiary’s entitlement to an account does not compel the court to order one. An account in common form is an equitable remedy granted in the court’s…

Joinder should be refused under CPR 19.5 where relation back would apply and the proposed defendant has a reasonably arguable limitation defence. That…

On an appeal against rejection of a proof of debt, the court must decide afresh what claim should be admitted on the evidence before it. The claimant bears the…

A solicitor’s duty in drafting a commercial contract is to exercise reasonable skill and care to seek to ensure that its terms are enforceable. It is not…

For EU trade mark infringement based on website activity, accessibility from the territory is insufficient. The court must assess objectively whether the…

Non-party disclosure is available where documents may well support the applicant’s case or adversely affect another party’s case; the applicant need not show…

Fresh proceedings by a non-party to impeach an earlier judgment for fraud are not barred as a matter of principle. They remain subject to stringent safeguards.…

An order takes effect when it is pronounced or made, unless the court specifies a later date. Sealing is not required before the order becomes binding and…

Relief under Companies Act 2006, section 423 is restorative and protective. The court has a broad discretion to fashion an order suited to the justice of the…

Forgery allegations in probate proceedings are decided on the ordinary civil standard of the balance of probabilities. The seriousness of an allegation affects…

Costs in separate proceedings should be assessed separately where the claims are conceptually and factually distinct, even if they were case-managed and tried…

In construing a commercial contract, the court must identify the meaning understood by a reasonable person, giving primacy to the language used while…

For joinder under CPR Part 19, the court must consider whether the proposed claim has a reasonable prospect of success and whether adding the party is…

Although the statutory threshold for an administration order may be met, the court retains a discretion to refuse the order where administration would remove a…

At a court-directed class meeting for a scheme of arrangement, members must vote to benefit the class as a whole, not merely to advance personal interests that…

A person may be liable in deceit as a joint tortfeasor where another makes the representations pursuant to a common design to defraud. The claimant must still…

Rectification may correct a deed which fails to record the maker’s specific intention. The claimant must provide convincing evidence of that intention…

Where the purpose of an administration cannot be achieved, the administrator must apply to bring it to an end. If the company is insolvent and unable to pay…

Permission to amend pleadings to add similar-fact evidence requires a two-stage assessment. First, the proposed evidence need only be capable, viewed…

A search order under Civil Procedure Act 1997, section 7 may be granted after judgment in aid of enforcement proceedings. The word “proceedings” includes…

Under the CPR, the court may permit an amendment adding a cause of action arising after proceedings began. The power is discretionary and governed by the…

A claim should be struck out where, even taking the pleaded facts at their highest, it is bound to fail. A director’s duty to disclose his own misconduct…

A judge must recuse himself where actual or apparent bias is established. Apparent bias is assessed objectively: the question is whether an informed and…

Under section 4(2) of the Civil Evidence Act 1972, clear and reasoned conclusions about foreign law may be admissible in later civil proceedings even when they…

A bankruptcy petition founded on council tax liability orders may be adjourned where the debtor has a bona fide and substantial appeal or application…

General consent to electronic delivery may be inferred where a customer provides an email address for booking communications, and the contractual purpose of…

A circular movement of money does not, without more, mean that a loan transaction is fictitious. The court must examine the contractual obligations and the…

When deciding whether similar-fact or collateral evidence should be admitted, the court must first ask whether it is potentially probative of an issue. If so…

The constitution of a registered charitable association governs its powers. Extrinsic material may identify the background and meaning of the constitution, but…

Whether a costs management order is appropriate is not determined solely by comparing the overall costs budget with the sums in issue. Proportionality may also…

For voting purposes in an individual voluntary arrangement, a creditor must have a subsisting and enforceable debt at the date of the creditors’ meeting. An…

A grant of fishing rights and ancillary rights to maintain weirs does not ordinarily confer a right to operate or control sluice gates forming part of a mill.…

Claims which seek to reopen issues decided in earlier litigation may be barred by cause of action estoppel, issue estoppel or the Henderson v Henderson abuse…

A contractual variation cannot be inferred from occasional departures from contractual performance or relaxed enforcement. It requires a clear and consistent…

The Berkeley Applegate jurisdiction cannot be applied in general terms or in the abstract. Any entitlement to remuneration or disbursements must be assessed by…

A partnership may include an agreement between individuals concerning shares in, and businesses operated through, companies. The decisive question is the…

A first-instance court should not ordinarily reopen a reserved judgment to admit material that was available at the original hearing but was not deployed.…

Rectification of a registered title cannot be ordered where the registered proprietor in possession has not, by fraud or lack of proper care, caused or…

Relief from sanctions requires a structured assessment of the breach, its explanation and all the circumstances. Missing a deadline by eighteen days, coupled…

The registered-office presumption for a company’s centre of main interests may be rebutted only by objective factors ascertainable by third parties. The court…

Relief from sanctions requires a structured assessment of the seriousness and significance of the breach, the reason for default, and all the circumstances of…

In exercising its discretion as to costs, the court may make an issue-based order where a distinct issue has materially increased the costs and the successful…

Third-party money paid to satisfy bankruptcy debts and expenses is not necessarily a receipt forming part of the trustee’s statutory functions. The phrase…

Permission to commence proceedings against a company in administration is discretionary. The applicant must establish a case for relaxing the moratorium and…

A Beddoe order is intended to protect trustees who need the court’s direction before prosecuting or defending litigation with a third party. It is generally…

A bankruptcy order based on a judgment obtained by fraud is not automatically void. The statutory scheme provides specific routes for annulment, review…

A gratuitous bailee who has custody of property bears the burden of showing that damage occurring during the bailment was not caused by the bailee’s fault.…

Section 31 of the Trustee Act 1925 may divest a minor’s vested trust interest unless the trust instrument expresses a contrary intention. A reference to the…