High Court: Chancery Division judgments, 2019

An application to extend a procedural deadline is governed by the overriding objective where it is not an application for relief from sanctions. An extension…

A civil restraint order is justified where a litigant has persistently issued claims or applications that are totally without merit, creating a continuing risk…

For the purpose of valuing services under Insolvency Act 1986, section 245, the court must assess objectively the legal services actually supplied after…

On an application to convene a scheme meeting, creditors may form a single class where their rights, viewed against the appropriate comparator, are not so…

A defendant’s conduct amounts to submission to jurisdiction only where, viewed objectively, it is unequivocal and the only possible explanation is an intention…

The High Court may transfer County Court proceedings where it considers transfer desirable, applying the criteria in the Civil Procedure Rules. Substantial…

Where legal title to property is held by one person, the claimant must establish an equitable interest by proving, on the evidence as a whole, an inferred…

Where liability for widespread intellectual property infringement is established by representative samples, relief may extend generally beyond those samples if…

A court should not infer a procedural sanction from a rule, practice direction or case-management order unless the sanction arises clearly from its terms or by…

On an application to serve proceedings out of the jurisdiction, deliberate and material non-disclosure of parallel foreign proceedings is a serious default.…

A solicitor holding sale proceeds may reasonably delay payment where genuine doubts exist about the client’s entitlement. Once investigation has continued for…

An easement to lay, maintain and use utility pipes may be valid even where the dominant tenement is not expressly identified, provided it can be established by…

For trade-mark non-use, genuine use and use by the proprietor or with its consent are separate requirements. The absence of consent does not automatically…

For an arbitral challenge based on apparent bias, the applicant must establish a serious irregularity causing, or likely to cause, substantial injustice. The…

For the purposes of Insolvency Act 1986, section 239, the requisite desire to prefer is subjective. It may, however, be inferred from the director’s deliberate…

Permission for a statutory derivative claim requires more than a merely prima facie case, but the claimant need not establish a strong case or undergo a…

For a trade mark containing colour but not consisting of colour alone, precision as to hue is not automatically required merely because colour is an essential…

An NHS foundation trust is not a charity where its statutory purposes extend beyond purposes that are exclusively charitable. The statutory expressions related…

Service out of the jurisdiction must comply with the applicable domestic law where the order permitting service requires that result, and with CPR 40(3)(c).…

A clear family assurance that property will remain within a defined family arrangement may found a proprietary estoppel equity where the claimant relies on it…

An appeal from a UKIPO decision on trade mark non-use is a review, not a rehearing. The appellate court should intervene only for an error of principle or…

Under Insolvency Act 1986, Schedule B1, paragraph 81, the allegation of improper motive is a gateway to the court’s jurisdiction. The court retains a broad…

A partnership is dissolved only through a legally recognised ground, including agreement between all partners. Agreement may be inferred objectively from the…

The court’s inherent jurisdiction to remove a trustee is exceptional only in the sense that it is infrequently used. It does not impose an additional threshold…

Where a winding-up order is later rescinded, the official receiver’s statutory administration and general fees arise on the making of the order but are…

At the pleading stage, similar-fact allegations should remain in the proceedings if, assuming the pleaded facts can be proved, they could be relevant and…

A service-charge certificate is conclusive only on matters the lease objectively intended it to determine. Unless clearly stated otherwise, it does not…

Where a will is duly executed and rational on its face, capacity is presumed. The objector must raise a real doubt; the burden then returns to the propounder…

A winding-up petition is not necessarily a nullity because a separate witness statement verifying it was unsigned when the petition was filed. The relevant…

On an amendment application, the court must allow a pleaded case with a real, rather than fanciful, prospect of success unless its factual basis is entirely…

Permission for a derivative claim is appropriate where the substance of the complaint is misconduct causing financial loss to the company, rather than…

Where a trust instrument uses traditional terms that exclude illegitimate or adopted descendants, the court may interpret relevant legislation compatibly with…

The Duomatic principle cannot ratify conduct which the company itself could not lawfully undertake. This limitation applies as a matter of law and does not…

In an unfair-prejudice buy-out, the court’s discretion under Companies Act 2006 sections 994 and 996 is broad and must produce a fair and equitable result on…

At a scheme-sanction hearing, the court must decide whether the scheme presented is one which an honest and intelligent member of the relevant class might…

The court may sanction a solvent-company scheme of arrangement where the statutory requirements are met and the scheme addresses a genuine problem requiring…

Whether a contractual payment obligation is independent or dependent depends on the true construction of the agreement as a whole. The court considers the…

An extended civil restraint order may be extended after its expiry. The court retains jurisdiction to do so, although the delay is a highly material factor…

Where numerous claims raise substantially common issues, the court may direct a sample-claimant trial under its case-management powers and the overriding…

Extended or specific disclosure must be justified by necessity for the fair resolution of a defined issue and must remain reasonable and proportionate. A court…

Permission to withdraw an admission is discretionary. The court must consider all the circumstances, including the matters identified in the relevant Practice…

A bank’s agreement to lend for a particular investment, including where the loan is packaged with that investment, does not ordinarily create an advisory duty…

Under CPR 38.6, a claimant who discontinues is presumed liable for the defendant’s costs. The claimant bears the burden of showing a good reason to depart from…

Under Insolvency Act 1986, s 127, every post-petition disposition of company property is void unless validated, whether or not it benefits the company. A…

A contractual arrangement under which a water undertaker supplies services to a local authority, which pays discounted charges, is not transformed into an…

Confidential information obtained by unauthorised access to a password-protected email account must not be used through self-help where court relief was…

The Insolvency Rules 2016 do not create an exclusive code preventing the CPR or a practice direction from authorising an alternative method of electronic…

Under para 13A of Sch 1 to the Solicitors Act 1974, the High Court has two separate discretions. It may decide whether to order a former partner to pay…

Case management must further the overriding objective and remain proportionate to the value, importance and complexity of the dispute. Lists of issues should…

Applications for specific disclosure under the Disclosure Pilot must be assessed by reference to reasonableness and proportionality, the overriding objective…

A claim based on an oral agreement should not be struck out as statute-barred where the contractual trigger for accrual, the effect of planning decisions, or…

Where a claim turns on the construction of contractual or planning documents, it may be suitable for summary disposal if the evidence shows no real prospect of…

Where an interlocutory application is wholly unsuccessful, the successful party will ordinarily receive its costs of that application, even though the…

When deciding whether to extend time for payment and disclosure under an existing order, the court may reconsider the practical consequences of the proposed…

Permission for a derivative claim should be refused where the statutory requirements are not met or where, after a provisional assessment of the merits, a…

Applications to vary or supplement an Extended Disclosure order must be assessed under the correct provision of the Disclosure Pilot. Where the existing order…

On jurisdiction and summary judgment applications, the court must distinguish between claims requiring factual investigation and claims conclusively defeated…

On an application for an interim injunction, the court must assess whether there is a serious issue to be tried, whether damages would be an adequate remedy…

At the third stage of the Denton v T H White Limited approach, the court must assess whether granting or refusing relief from sanctions is just in all the…

On a strike-out application, the court must be certain that the pleaded claim is bound to fail, assuming the pleaded facts to be true. A shadow director’s…

A consent financial remedy order is construed as a contract endorsed and given legal effect by the court. Its meaning depends on the natural and ordinary…

An extension of time for serving particulars of claim may be refused under Civil Procedure Rules 1998 rr 3.1(2)(a) and 3.9 where the breach is serious, there…

When the statutory conditions for administration are satisfied, the court retains a broad discretion whether to make an administration order or adjourn the…

Directors’ general duties are owed to the company, not individually to its shareholders. A director is not liable merely because a commercial judgment later…

Proceedings against a professional adviser are not ordinarily an abuse of process merely because earlier proceedings against other parties decided overlapping…

Where the scope of a freezing order is genuinely disputed, the court may defer final construction and adopt an interim arrangement preserving the status quo.…

On an application to strike out or obtain summary judgment, the court must assume that pleaded facts are true and should strike out only where the claim is…

For an administration order, the court must be satisfied that the statutory purpose of administration is reasonably likely to be achieved. That inquiry may…

A pre-insolvency contractual liability may be elevated to an administration expense under the Lundy or salvage principle, but only where equity requires…

For the purposes of paragraph 28(2) of Schedule B1 to the Insolvency Act 1986, the period of ten business days begins on the day on which the notice of…

When trustees seek the court’s approval of a particularly momentous decision within their powers, the court generally applies a rationality test. It asks…

Approval of a pension scheme trustee’s proposed settlement depends on whether the decision falls within the limits of rationality and honesty. The court…

Where parties have settled litigation by a Tomlin order, a claimant who has released claims arising from the original dispute and agreed not to sue may be…

A committal application under Charities Act 2011 may proceed in the respondent’s absence where the respondent has been properly served, has had sufficient…

Database right protects investment in obtaining, verifying or presenting the contents of a database, but does not protect mere facts as such. Consultation of a…

The scope of an express right of way is determined by construction against the physical circumstances existing when it was granted. Wide words permitting…

Applications for administration require the court to be satisfied that the company is, or is likely to become, unable to pay its debts and that administration…

A non-party costs order under section 51 of the Senior Courts Act 1981 depends on whether, in all the circumstances, it is just to make the order. A funder…

A journal entry records accounting treatment; it does not, without more, effect a transfer of assets, create a debt or release an obligation. Where a…

On an application for a mandatory interim injunction, the governing test is the same as for a prohibitory injunction. The court must consider whether there is…

Section 5 of the Mercantile Law Amendment Act 1856 gives a co-obligor who performs the obligation the benefit of an assignable judgment, specialty or security…

A breakdown in relations between shareholders does not, by itself, establish unfair prejudice under section 994 of the Companies Act 2006. The conduct…

For a self-employed locum practitioner, deemed pensionable employment depends on a current engagement under the required contract for services. A future…

For trade mark infringement, whether a composite sign contains a separately used word mark depends on the perception of the average consumer, assessed in the…

An internet service may communicate works to the public even where it technically supplies hyperlinks to streams hosted elsewhere. The court must assess the…

The compensation-order regime under sections 15A and 15B of the Company Directors Disqualification Act 1986 is a free-standing regime. Liability depends on…

The High Court’s insolvency jurisdiction may permit it to restrain criminal proceedings against a company, but the statutory scheme does not confer…

In a public-interest winding-up petition, the court must identify a clearly defined public interest promoted by winding up and balance that interest against…

Payments made through trusts or other structures may be characterised as unlawful distributions by examining their true purpose and substance. It is…

An appeal from a Pensions Ombudsman determination under Pensions Schemes Act 1993, s 151(4), is confined to an identified point of law and cannot reopen…

A judgment alleged to have been obtained by fraud cannot ordinarily be challenged within an appeal from that judgment. The allegation involves factual issues…

In a quasi-partnership company, exclusion of a member will not ordinarily be unfairly prejudicial where the member’s continuing directorship involves a…

Under the Presumption of Death Act 2013, an application based on a belief that the missing person has died may be made without waiting seven years. The court…

For the purposes of section 90A and Schedule 10A of the Financial Services and Markets Act 2000, an ultimate investor holding securities through a chain of…

An appellate court should not reconsider an evaluative decision afresh. It may interfere only where there is an identifiable flaw, such as a gap in logic…

A scheme of arrangement may be sanctioned where the statutory jurisdictional requirements have been satisfied and the court is satisfied that the scheme is…

On an interim application to enforce post-termination restraints, the court should apply the American Cyanamid principles but also assess, where the restraint…

Rectification of pension scheme rules may be ordered where the employer and trustees had a continuing subjective common intention that the relevant provisions…

Under section 111(3) of the Financial Services and Markets Act 2000, the court must decide whether, in all the circumstances, it is appropriate to sanction an…

Ostensible authority depends on a representation or holding out by the putative principal. The indoor management rule does not remove that requirement. A…

For disclosure purposes, a document need not mention the claimant personally. A generic document may be disclosable where it is reasonably likely to illuminate…

On an application to extend a disclosure deadline, the court should impose a timetable that is realistic, proportionate and consistent with a fair trial.…

When administrators seek approval of remuneration without meaningful scrutiny by creditors or other economically interested stakeholders, the court must…

For service out of the jurisdiction, the claimant must establish a relevant jurisdictional gateway, a reasonable prospect of success, and that England and…

An agreement for lease is not personal to the named landlord merely because the agreement defines “landlord” by reference to that party. The court must…

Where an arbitration costs award is consequential on the substantive award, it falls with that award when the substantive award is set aside. This applies…

At the convening stage of a scheme meeting, class constitution is determined by differences in rights, not differences in commercial interests. The court…

On an application for summary judgment, a claim alleging loss caused by the re-designation of trust assets has no real prospect of success where the assets…

Contractual provisions must be construed according to their natural and ordinary meaning, read in the context of the agreement and its commercial purpose.…

A civil restraint order may be made where the statutory or procedural threshold is met and the court identifies a real risk of further totally meritless claims…

Pending an appeal, the court may refuse protective relief which would fetter the management of a company, create uncertainty or encourage satellite litigation.…

Permission under Company Directors Disqualification Act 1986 section 17 requires a cogent reason to act despite disqualification and a careful assessment of…

In a civil claim based on allegedly executed loan documents, the claimant bears the burden of proving that the contracts were entered into and that the…

The general rule on costs remains that the unsuccessful party pays, but the court may make a different order after considering all the circumstances, including…

An application to extend time for appealing should be approached with the same rigour as an application for relief from sanctions under Civil Procedure Rules…

On an application under Insolvency Rules rule 6.48, the court may direct that confidential evidence be filed without being shown to the respondent at that…

Under sections 116 and 117 of the Companies Act 2006, a member’s purpose in seeking the register of members is assessed objectively on the evidence. The…

Paragraph 8.1 of the Insolvency Practice Direction prevents a company or its directors from appointing an administrator by e-filing a notice of appointment…

For jurisdiction under Article 5(3) of the Lugano Convention, the place of the harmful event depends on the particular cause of action and its legally relevant…

For the purpose of choosing between CPR Parts 7 and 8, allegations that a commercial practice “deceives or is likely to deceive” under regulation 5 of the…

A fixed charge receiver appointed under a mortgage may claim possession from an individual mortgagor in occupation, despite being described as the mortgagor’s…

A special insolvency rule governing out-of-hours notice of an administrator’s appointment by a qualifying floating charge holder cannot be overridden by a…

A bare denial of a specific allegation does not comply with Civil Procedure Rules 1998, rule 16.5(2), where the defendant must give reasons for the denial. The…

A passing off claim based on the colour of a medicinal inhaler requires proof that the colour is distinctive of the claimant’s trade origin or relevant product…

Where a party repeatedly fails to comply with an order requiring factual schedules, and the default is not reasonably justified, the court may extend time on…

On an application to sanction a scheme of arrangement, the court must be satisfied that the statutory requirements have been met, including the proper…

A transfer made to safeguard property from a third state may preserve the transferor's beneficial interest. Where the transferee accepts the property in an…

An injunction restraining presentation of a winding-up petition requires the debtor to show that the debt is disputed on genuine and substantial grounds. The…

Under the Arbitration Act 1996, the court may enforce an unchallenged domestic award, but section 66 confers a judicial discretion rather than an automatic or…

On a summary judgment application, the court should decide a short point of construction where it has the necessary evidence and the parties have had a proper…

Signed partnership accounts are binding between partners unless a manifest error is raised within the contractual period. A partnership agreement may govern…

A constructive trust or proprietary estoppel must be specifically pleaded. Facts supporting proprietary estoppel do not ordinarily identify a trust case…

In a claim under the Presumption of Death Act 2013, the court may proceed directly from the compulsory directions hearing to disposal where the statutory and…

On an application for an interim injunction, the court must ordinarily apply the American Cyanamid approach. The merits are considered only to determine…

A defence must address each individual factual allegation in the particulars of claim. A defendant cannot avoid that requirement merely by pleading a positive…

Interlocutory mandatory injunctions require particularly careful scrutiny and a higher degree of assurance than prohibitory injunctions. The court must first…

The power under section 236(3) of the Insolvency Act 1986 to require information and documents is free-standing. It may be exercised against a person abroad…

The court has an unfettered discretion whether to sanction a scheme of arrangement, but must exercise it rationally and judicially. Sanction will generally be…

Where a company cannot continue trading, recapitalisation is unavailable and no statutory purpose of administration is reasonably likely to be achieved…

A successful party is ordinarily entitled to have costs determined promptly, even where the unsuccessful party proposes a further application in related…

A contentious business agreement between a solicitor and client does not itself create a cause of action for recovery of fees. Under section 61 of the…

Opinion evidence is admissible in civil proceedings where it concerns a relevant matter and is given by a suitably qualified witness. CPR 35 applies only to…

A typed name in an email footer can satisfy the statutory requirement that a contract disposing of an interest in land be signed. The governing inquiry is…

The court may terminate an administrator’s appointment when the purpose of the administration has been sufficiently achieved. It may make termination…

A company voluntary arrangement may compromise or vary existing contractual obligations, including future rent under subsisting leases. Future rent is a…

On an interim application, costs ordinarily follow the event where one party successfully defeats a strike-out or summary-judgment application. Costs must be…

In a forum non conveniens application concerning the validity of a will, the defendant must show that the foreign forum is available and clearly or distinctly…

On a Beddoe application, the court exercises a fact-sensitive discretion. The merits of the proposed proceedings are a primary consideration. Where…

Service out of the jurisdiction requires the claimant to establish a real prospect of success, a good arguable case within a relevant gateway, and that England…

A detailed shareholders’ agreement governing a joint venture did not create a quasi-partnership or imply a general duty of good faith. A good-faith term is…

In a probate claim, knowledge and approval are determined holistically by considering all relevant evidence and drawing appropriate inferences from the…

A case-management decision may be challenged on appeal where it proceeds from a false premise. A new challenge requiring additional evidence should not…

On an appeal from a Pensions Ombudsman determination, the court must apply the scheme’s own definition of redundancy. Where employment is terminated under a…

A voluntary disposition may be rescinded for mistake where there is a distinct causative mistake of sufficient gravity, assessed objectively by reference to…

The court may retain a passport to support the effective enforcement of court orders, but the power restricts liberty and must be exercised cautiously. The…

Fraudulent misrepresentation requires a false representation, knowledge of falsity or reckless absence of belief in its truth, an intention that it be relied…

When considering an administration application involving a proposed pre-pack sale to existing management or connected persons, the court must remain alert to…

Rectification of a voluntary settlement for mistake requires convincing evidence of the settlor’s or trustees’ specific intention, an operative drafting…

The court may sanction a scheme of arrangement where the statutory requirements have been met, the creditor classes have been fairly constituted and…

A website-blocking injunction may be granted to protect rights that are not intellectual property rights where the court has jurisdiction under ordinary…

Testamentary capacity is governed by the common-law test requiring understanding of the will, the property being disposed of, the relevant claims, and the…

Commercial contracts are construed objectively by reference to the words used, the agreement as a whole, its purpose, the facts known or assumed by both…

Before making an administration order involving a proposed pre-pack sale, the court must be satisfied both that the company is, or is likely to become…

In a contentious probate claim, the party propounding a will must prove that the testator knew and approved its contents where the circumstances require…

An application to identify contracting parties is not necessarily an application for disclosure. Where a claimant seeks only the identity of principals…

After expiry of a limitation period, an amendment introducing a new claim may be permitted only where it arises from the same or substantially the same facts…

Contractual compliance with specified tests does not necessarily establish satisfactory quality. Where purchase orders require goods to have a similar quality…

In costs budgeting, the relevant question is whether it is reasonable and proportionate for a party to employ leading counsel. It is not whether junior counsel…

A winding-up petition will be restrained where the company shows a genuine and substantial dispute about the debt, or a genuine and substantial cross-claim or…

Under sections 140A and 140B of the Consumer Credit Act 1974, unfairness concerns the debtor-creditor relationship viewed in all the relevant circumstances.…

An executor cannot charge for services where the will contains no charging clause unless the beneficiaries agree or the court authorises remuneration. The…

For an interim injunction, the court must determine whether there is a serious issue to be tried, whether damages would adequately compensate the applicant…

A court may examine the validity of a debt admitted in bankruptcy under a default judgment where the debtor raises bona fide issues of substance and may…

Conduct may be unfairly prejudicial where majority shareholders use contractual or statutory powers in breach of good-faith obligations, for a collateral…

A claim may be struck out as an abuse of process where it seeks to re-litigate an issue already determined by another court, even if the later court has…

Commercial principles of interpretation apply to trusts and wills. The court identifies meaning from the natural and ordinary language, purpose, document as a…

In an application to set aside a statutory demand, the debtor must show a substantial dispute giving rise to a genuine triable issue. A creditor can establish…

A court will grant an injunction restraining the administration of a bankruptcy only in exceptional circumstances. Relief which would place the bankruptcy in…

Where evidence is filed late or served improperly without an express sanction, the court retains discretion to admit it. The principles applicable to relief…

Failure to comply with an undertaking is contempt where the contemnor deliberately gives an unqualified undertaking knowing that compliance is impossible, or…

Under section 111(3) of the Financial Services and Markets Act 2000, the court must decide whether a scheme is appropriate in all the circumstances. The…

Jurisdictional requirements for sanctioning a cross-border merger under the Companies (Cross-Border Mergers) Regulations 2007 require strict compliance. The…

For the purposes of Part 1 of the Landlord and Tenant Act 1987, a disposal may be a gift even though it creates a lease containing mutual covenants. The…

Section 184 of the Law of Property Act 1925 applies only where the order of death remains uncertain. The party seeking to establish the order of death bears…

A non-party costs order against a legal representative remains exceptional. The central question is whether, in all the circumstances, justice requires the…

Once directors have duly called a general meeting, they have no continuing power under Companies Act 2006 s 303(5) to prevent resolutions stated in the notice…

An extended civil restraint order can cover an application to set aside a statutory demand where the application concerns the same subject matter. Permission…

Specific performance will generally be granted where a lender has made the loan and has a contractual entitlement to security. A later contract entered into by…

On summary judgment or strikeout, the court must assess whether a claim has a realistic prospect of success without conducting an incomplete mini-trial. Prior…

A trustee-exoneration clause may protect a professional trustee from liability for breach of trust except where the claimant properly pleads and proves a…

Where solicitors discharge themselves during continuing litigation, the court will ordinarily order them to deliver the client’s papers to new solicitors…

A freezing order does not prevent a respondent from using his own assets in the ordinary and proper course of business where the payment is commercially…

A beneficial interest acquired under an accepted contract for the sale of notes does not necessarily make the purchaser a Noteholder entitled to exercise…

Under Arbitration Act 1996, a party seeking a stay must establish both a concluded arbitration agreement and that the dispute falls within its scope. An…

At the convening stage of a scheme of arrangement, the court principally determines whether the proposed creditor classes are properly constituted. Creditors…

For an evidential claim to a foreign tax credit, the claimant must prove on the balance of probabilities that the relevant dividend was sourced from profits…

An administration may be extended by creditor consent only where the statutory requirements for the relevant classes of creditors are satisfied. Deemed consent…

An appellate court should not interfere with factual findings unless the decision was one that no reasonable judge could have reached. Respect is required for…

An agreement to negotiate in good faith is unenforceable where it requires the parties to negotiate fundamental terms of a new agreement, because the parties…

In a scheme of arrangement, class composition depends on material differences between members’ existing rights and their rights under the scheme. Different…

A statutory demand under section 268(1) of the Insolvency Act 1986 requires a debt that is payable immediately. Where an on-demand guarantee makes a prior…

An opposed amendment should be permitted only where the proposed claim has a real, rather than fanciful, prospect of success. The court may decide a short…

On a scheme sanction application, the court must reach its own independent view and must not act as a rubber stamp. It should give proper weight to the views…

Before an order is sealed, the court may amend its terms where a later-discovered fact or legal point makes that necessary for fair disposal of the case. That…

A search and seizure order primarily preserves evidence. Once digital data has been imaged, preservation is complete. A claimant has no general entitlement to…

At an interim stage, a claimant need show only a good arguable case for proposed claims and amendments. The court must then assess separately whether…

A constructive trust may arise where co-owners agree that a transfer of legal title will not alter their beneficial interests and the transferring party relies…

In assessing an employer’s liability for an accident caused by an employee or volunteer departing from authorised work, the central question is whether the…

Live fish in a closed commercial fishery remain wild animals, but qualified property may arise through the owner’s industry, diligence and hard work where the…

On an appeal from an arbitration award under section 69 of the Arbitration Act 1996, the court may intervene where the arbitrator has misunderstood or…

Rescission of a voluntary disposition for mistake requires a distinct causative mistake sufficiently grave to make it unjust, unfair or unconscionable for the…

Summary judgment may be granted where the defendant has no real prospect of successfully defending the claim and there is no other compelling reason for a…

A judgment obtained against an agent bars a later contractual claim against an undisclosed principal where both claims arise from the same cause of action. The…

At the convening stage of a scheme of arrangement, the court considers jurisdiction, class composition and apparent roadblocks to sanction, but does not…

A committal application may proceed in the respondent’s absence where the court is sure that the respondent had notice, deliberately failed to attend, and the…

An EU trade mark court may entertain a counterclaim challenging the validity of an EU trade mark where the counterclaim is defensive, closely related to the…

A tax measure is not selective State aid merely because its limited period affects undertakings differently. The court must identify the relevant normal or…

Notice under CPR 83.13(8) need not take the form of an application notice. The question is whether the occupant received sufficient notice of the proceedings…

A person subject to the jurisdiction of the Court of Protection cannot validly dispose of or deal with property placed under a deputy’s general authority, even…

A consent enforcement order is construed using contractual interpretation principles, read in its statutory and regulatory context. Where the order expressly…

The court may intervene in the exercise of trustees’ dispositive powers in special circumstances. The relevant circumstances are not confined to approval of…

Trustees exercising discretionary powers must act responsibly and in good faith, take relevant matters into account, act impartially and avoid ulterior…

Strike out and summary judgment are exceptional at the pleading stage where the pleaded defence depends on factual evidence and raises a developing legal…

The doctrine of merger may apply where an earlier judgment grants declaratory relief, depending on the nature of the claim and declaration. The decisive…

A Norwich Pharmacal application requires a good arguable case, followed by an individualised and proportionate assessment. The applicant bears the burden of…

Intra-UK jurisdiction under the Civil Jurisdiction and Judgments Act 1982 is determined by the statutory gateways, construed with regard to relevant European…

A structured settlement of disputed indebtedness does not ordinarily provide “credit” or “financial accommodation” merely because payment is made by…

An interim injunction must identify conduct that requires restraint and must be expressed with sufficient precision to define what the respondent may or may…

An unprotected equity by estoppel affecting registered land is subject to the priority rules governing registered dispositions. A successor in title for…

A company’s shareholders may, with full knowledge of the relevant facts, approve or ratify a course which the articles require them to approve at a meeting.…

For interim injunctive relief, the court applies the American Cyanamid questions: whether there is a serious issue to be tried, whether damages are adequate…

A claim seeking declaratory relief concerning an equitable duty of confidence should proceed only where there is a real, clear and crystallised dispute capable…

A party seeking to vary a consent restraint order must make the application promptly and provide evidence addressing the grounds relied upon. A liberty to…

A scheme administrator may be liable for negligent misstatement where it knows, or ought to know, that a member is being re-employed shortly after retirement…

Members of a limited liability partnership may agree informally that the LLP will assume liabilities incurred to acquire and operate its business. Payments…

An application to annul a bankruptcy order may be an abuse of process where an earlier, materially identical application was struck out for failure to comply…

A contractual breach notice must be construed in its factual and contractual context. Where the specified breach is an existing refusal to perform freestanding…

Section 234 of the Insolvency Act 1986 is procedural and does not enlarge a company’s proprietary rights. It may require transfer of property where the company…

A claimant cannot introduce a materially wider professional-negligence case at trial through an ambiguous pleading where the defendant reasonably understood…

In an account of profits, costs are directly deductible only where they are solely and wholly associated with the actionable conduct. Costs which support both…

A trustee may exercise a widely drafted power to revoke existing trusts and create new trusts where the power’s proper construction permits that course. The…

Communications made in an attempt to settle a live dispute are impliedly without prejudice for the substantive dispute even if they are not expressly labelled.…

At the interim stage of a passing-off claim, the court must first decide whether there is a serious question to be tried. It should not resolve critical…

A compromise of basic redress under the FCA interest-rate hedging review does not merge a customer’s underlying causes of action or create a contractual…

Orders requiring one defendant to pay the costs incurred by a claimant against another defendant are not confined to negligence or personal injury cases, or to…

A family company is not a quasi-partnership merely because its shareholders are relatives or conduct its affairs informally. The petitioner must prove a…

Where insolvency costs arise from legal proceedings before the court, the court retains its ordinary jurisdiction under CPR Part 44 to determine who should pay…

Permission to bring an application under section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 out of time requires substantial grounds.…

Although service of proceedings on a foreign state is ordinarily governed by the mandatory diplomatic route in section 12 of the State Immunity Act 1978, the…

Equitable set-off may be relied on in the Case D statutory procedure under the Agricultural Holdings Act 1986. “Rent due” means rent which the landlord has an…

For an absolute assignment under section 136 of the Law of Property Act 1925, the statutory formalities must be satisfied, but the assignment document is…

A voluntary disposition may be rescinded for mistake where the donor held a causative mistake of sufficient gravity to make it unconscionable for the donee to…

Summary judgment is inappropriate where adverse possession depends on disputed evidence about the occupier’s intention, the basis of occupation or the effect…

Applications to vary an order for Extended Disclosure under the Disclosure Pilot are governed by the specific test in CPR PD 51U, paragraph 18.2. The general…

For the purposes of Financial Services and Markets Act 2000, s 177(1), an investigating authority may certify a failure to comply with an information…

Misconduct by a claimant does not automatically defeat an equitable claim. The clean-hands doctrine requires an immediate and necessary relation between the…

Interference with sporting rights is substantial where works fundamentally change the character of the servient land, even if they affect only part of it. The…

An unincorporated association cannot hold a legal estate in leasehold land, but it may have a beneficial interest through trustees. Where the parties…

A bankruptcy petition may be presented only in respect of a petitioning debt which is a liquidated sum. Contractual obligations to pay and to transfer assets…

A creditor holding security over a guarantor’s property for the principal debtor’s liabilities holds security for or in respect of the guarantor’s liability…

Where a bankruptcy petition is opposed by other creditors, the court must undertake two distinct discretionary exercises. It must first evaluate the interests…

Correction of a mistaken name in a formal instrument is part of the single task of interpreting the instrument in its context. The court may correct the…

Directors who cause an unlawful dividend are not automatically liable merely because the distribution was unlawful. Liability remains fault-based where the…

Where Wills Act 1837, section 33 substitutes the issue of a deceased beneficiary, the substituted beneficiaries take the interest which their parent would have…

A signed document headed “heads of terms” may constitute a binding contract even where the parties contemplate later formal documentation. The question is…

After the limitation period has expired, an amendment adding a new cause of action may be permitted only where the new claim arises out of the same or…

A Part 36 offer must comply with the requirements of CPR Part 36. An offer which includes a term dealing with costs is not compliant, even where the term…

At the strike-out or summary-judgment stage, a limitation defence should not dispose of a claim where the claimant has a realistic, non-fanciful argument on…

For summary judgment in a copyright claim, the court asks whether the defence has a realistic, rather than fanciful, prospect of success and must avoid a…

A person is a de facto director only where, viewed objectively, he forms part of the company’s corporate governing structure and assumes functions which impose…

A claim in trespass cannot be re-packaged as a new cause of action merely by identifying the origin of material discharged through an outfall. Where earlier…

Under section 111 of the Financial Services and Markets Act 2000, the court must independently decide whether an insurance business transfer scheme is…

On an insurance business transfer under Financial Services and Markets Act 2000, the court must first ensure that the prescribed technical requirements are…

Permission to appeal requires an arguable ground with a realistic prospect of success. Appellate courts should respect first-instance case-management decisions…

A Beddoe order should not ordinarily be made where litigation is, in substance, a hostile trust dispute between adult beneficiaries who are able to decide…

In committal proceedings, fairness requires the alleged contemnor to be informed of the possible availability of legal aid and given a proper opportunity to…

On an appeal from a detailed costs assessment, the appellate court reviews the decision rather than conducting a rehearing. Intervention is justified for an…

A disposition made after presentation of a winding-up petition is void unless validated. A validation order is exceptional. Ordinary-course dealing, good faith…

Whether an individual is carrying on business for insolvency jurisdiction purposes depends on the totality of the evidence and the surrounding context. An…

The court may make ancillary mandatory orders to ensure that an injunction or other remedy achieves its intended effect. Where parties have contractually…

Failure to comply with statutory requirements governing charity land disposals does not automatically invalidate the contract. The consequence of…

Permission to add defendants requires a claim with a real prospect of success. Directors are not personally liable for a company’s infringements merely because…

A receiver by way of equitable execution may seek court approval for a transaction of exceptional importance. The court’s review is supervisory. It must be…

A litigation friend is generally liable for the costs which the child or protected party would ordinarily have been required to pay if an adult. The court must…

On a scheme sanction application, the court’s discretion is not a formality. It must be satisfied that the statutory procedure was followed, the class was…

Particulars of claim must identify the facts establishing the cause of action, including duty, breach, causation and loss in a negligence claim. A vague or…

A person who obtains and uses a company’s customer list for personal commercial advantage may be liable for breach of confidence, even where the information…

Relief from the deemed admission of a document’s authenticity should be refused where the challenge is raised seriously late, lacks a satisfactory explanation…

For an agreement excluding business-tenancy security of tenure to be valid, the statutory notice and declaration procedure must be substantially complied with.…

Contractual entitlement to VAT depends on the proper construction of the agreement in its commercial context. Silence as to VAT does not invariably exclude…

The court may give judgment on the merits before trial where the circumstances make that a proper exercise of discretion. Relevant considerations include the…

For a petition under Companies Act 2006, section 994, unfairness is assessed in the context of the company’s constitution, enforceable agreements and any…

In a boundary dispute, registered title plans showing general boundaries do not determine the exact legal boundary. The court must assess the historical…

Judgment in default of defence may be entered where an acknowledgement of service has been filed, no defence has been filed, and the time for filing a defence…

A company may be bound by an agent’s unauthorised act through apparent authority only where the claimant proves a representation by the principal, reliance…

A resulting trust requires proof that the alleged beneficiary was the purchaser and provided value towards the acquisition. A person who merely guarantees or…

A bespoke liability definition in a share purchase agreement need not have the same meaning as an accounting standard. Accounting standards may provide a…

For overage purposes, “detailed planning permission” may include approval of reserved matters or other permission granted pursuant to an outline planning…

A director who knowingly participates in the use of a company to defraud creditors may be liable under section 213 of the Insolvency Act 1986. Knowledge…

A voluntary disposition may be rescinded for a sufficiently serious causative mistake where it would be unconscionable for the recipient to retain the benefit.…

An application made before expiry of a deadline for a reasonable extension of time is ordinarily granted where it will not imperil hearing dates or otherwise…

A settlement of an assigned legal claim does not necessarily settle the separate court application by which that claim was advanced. The court must distinguish…

Permission to appeal an order concerning service out of the jurisdiction requires only reasonable grounds for success. The court must take an appropriately…

Sentencing for contempt requires assessment of the contemnor’s culpability and the harm caused, intended or likely to be caused. The court must then consider…

When sanctioning a scheme of arrangement, the court must be satisfied that the statutory requirements and procedural safeguards have been met, the relevant…

Assets must be valued as at the relevant valuation date by reference to the price which a willing buyer and willing seller would have agreed, using information…

Permission to appeal may be granted on a limited ground where there is a real prospect that the lower court failed to deal adequately with material evidence.…

A contractual indemnity for a trustee ordinarily responds to liabilities incurred by the trustee. Clear words are required before it can be construed as…

An appeal may be struck out where mandatory requirements for filing the appeal bundle are not met. Informal correspondence with court staff does not constitute…

Recognition under the Cross-Border Insolvency Regulations 2006 does not require proof that the debtor is insolvent or in severe financial distress. The…

Copyright infringement requires proof of copying, not merely similarity between works. The claimant must identify the copyright work relied on and establish a…

A litigation costs order does not automatically determine an executor’s separate right to indemnity from the estate. The two questions involve different…

The court has a broad discretion under Senior Courts Act 1981, section 51, to order a non-party to pay costs where, in all the circumstances, that is just.…

Trade mark infringement requires an objective use of a sign which affects the functions of the mark; the user’s subjective intention is not decisive.…

Recognition of foreign insolvency proceedings under the Cross-Border Insolvency Regulations 2006 is mandatory once the statutory jurisdictional requirements…

A challenge to an arbitral award under section 68 of the Arbitration Act 1996 is confined to serious procedural irregularity and is not an indirect appeal on…

On an appeal from the Trade Marks Registry, an appellate court must respect the Registrar’s evaluative judgment but may intervene for a distinct and material…

Costs ordinarily follow the event. A departure may be justified where the losing party’s involvement was, in substance, sponsored by an estate administrator to…

Permission to appeal should be refused where the proposed grounds have no real prospect of success under CPR r 52.6(1). On a members’ voluntary winding up…

Proprietary estoppel may prevent recovery of possession where an assurance induced a person to transfer land and incur detriment, even though the assurance was…

On a solvent members’ voluntary winding up, Insolvency Act 1986, s 107 requires surplus assets to be distributed among the members unless the company’s…

Copyright in an algorithmically generated betting price will not ordinarily subsist merely because skill and judgment were used to select the input data. In…

The High Court’s equitable jurisdiction to relieve against forfeiture for non-payment of rent is not subject to an absolute six-month guillotine, but the…

In a s.50 application concerning the replacement of a personal representative, costs are governed by the fact-specific discretion in Civil Procedure Rules…

On strike out and summary judgment applications in complex competition litigation, participation in and implementation of a cartel are broad, fact-dependent…

Applications to amend pleadings engage a continuing discretionary assessment under the overriding objective. The court should balance the injustice to the…

The court has an inherent power, supplemental to its other powers, to issue a bench warrant to secure compliance with its orders. The power is not confined to…

Under sections 14 and 15 of the Trusts of Land and Appointment of Trustees Act 1996, the court has a broad discretion to order a beneficiary an opportunity to…

In construing a conveyance, the conveyance and its plan are the starting point. The physical condition of the land at the date of the conveyance may assist in…

A trust of land may arise without using the word trust, although an express trust normally requires signed writing under the Law of Property Act 1925.…

A statement of case may be struck out where it is prolix, unintelligible, insufficiently particularised, abusive, or otherwise obstructs the just disposal of…

On an application under CPR 3.4(2)(a) or CPR 24.2, a claim must be struck out or judgment entered where, on the pleaded and undisputed material, it is bound to…

An appeal from a Pensions Ombudsman determination lies only on a point of law. The Ombudsman’s statutory jurisdiction is confined to disputes actually referred…

A landlord’s reservation of rights in a lease is construed as part of the agreement as a whole. It should, where possible, be read consistently with the…

Under Civil Procedure Rules 1998, Part 44, costs are discretionary. The court must consider all the circumstances, including pre-action conduct, whether it was…

A commercial litigation funder’s liability for a successful opponent’s costs under section 51 of the Senior Courts Act 1981 is governed by the statutory…

When administrators are proposed for appointment as liquidators, the court must consider the proper operation of the liquidation and justice between all…

A claim seeking damages alone for breach of public-law or EU-law obligations is not required to be brought by judicial review where CPR 54.3(2) excludes such a…

Under EU law, absolute res judicata attaches to an annulling judgment’s operative part and the ratio inseparable from it. It does not ordinarily extend to…

A proprietary estoppel claim requires an assurance or representation, reasonable reliance and detriment caused by that reliance. The elements are…

A guarantor’s direct guarantee of an assignee’s lease obligations is ineffective under the Landlord and Tenant (Covenants) Act 1995. A guarantee of the former…

The without-prejudice rule ordinarily excludes evidence of negotiations genuinely aimed at settlement, including statements that are not admissions against…

On an application to strike out, the court assumes that the pleaded facts can be proved. The question is whether those facts disclose a legally recognisable…

For an opposition under section 5(3) of the Trade Marks Act 1994, the opponent must establish reputation, a link between the marks, and a relevant injury or…

On an application for an interim injunction, the court must identify whether there is a serious issue to be tried and then assess the balance of convenience…

Practice Direction 51U applies to all relevant existing and new Business and Property Courts proceedings from 1 January 2019. A disclosure order made earlier…

In fixing the price for a compulsory purchase of minority shares, the court must identify market value and any marriage value released by combining the…

On dismissal of a winding-up petition after payment of the petition debt, the usual costs order is that the company pays the petitioner’s costs. That order may…

On an application to remove or replace personal representatives or trustees, the court’s central concern is the best interests of the beneficiaries as a whole.…

A stay of a bankruptcy order pending appeal is an exceptional remedy and will not usually be granted. The court must weigh the debtor’s interests against the…

A court may waive a failure to plead interest where the issue has been clearly identified, the opposing party suffers no prejudice, and refusing relief would…

On an appeal concerning enforcement of a costs order, the court may consider material changes in circumstances occurring after the decision under appeal. A…

At the convening stage of a scheme of arrangement, the court must determine hard-edged jurisdictional questions but need only be satisfied that there is no…

On an application to approve a client-asset distribution plan under the investment-bank special administration regime, the court must consider whether the…

On a strike-out application, the court asks whether the pleaded or proposed case has a real prospect of success. Strike-out is inappropriate where a serious…

Under section 306 of the Companies Act 2006, it is impracticable to hold a general meeting where a member can prevent a quorum by refusing to attend. The court…

For an application to strike out or obtain summary judgment, a foreign administrative determination recognised by the court must be treated as effective unless…

For a cross-border merger under the Companies (Cross-Border Mergers) Regulations 2007, the court must first confirm that the formal requirements in Regulation…

In a trade mark appeal, a finding of bad faith is a multifactorial evaluative judgment. An appellate court should intervene only for a distinct and material…

Under section 50 of the Administration of Justice Act 1985, removal of a personal representative is governed by the welfare of the beneficiaries as a whole.…

Where parties are engaged in hostile litigation concerning structured-finance rights, the costs of a neutral trustee may be treated as adversarial costs if the…

A pre-emptive costs indemnity in a derivative action is discretionary. The court should be satisfied that the indemnity would probably be appropriate after…

Contractual interpretation requires an objective reading of the transaction documents as a whole. The natural and ordinary language of the provisions remains…

A bankruptcy court may go behind a judgment debt only where there is fraud, collusion or a miscarriage of justice. The debtor must show both that the judicial…

In a non-segregated multi-employer pension scheme, deemed segregation under regulation 71 of the Pension Protection Fund (Multi-Employer Schemes)…

On an application to sanction a scheme of arrangement, the court must verify statutory compliance, proper class representation and bona fide voting, whether an…

A Law of Property Act receiver owes the mortgagor a duty of good faith and must exercise management and sale powers for a proper purpose connected with…

Under Part 38 of the Civil Procedure Rules 1998, a claimant may discontinue an entire action, a claim against a defendant, or a cause of action against one or…

An agent or fiduciary who receives proceeds belonging beneficially to others must properly account for them. Equitable compensation for breach of that duty…

Under the Variation of Trusts Act 1958, the court may approve a comprehensive variation where, viewed as a whole, it benefits unborn and unascertained…

The court has jurisdiction under Senior Courts Act 1981, s 51 and CPR 44.2 to summarily assess costs in a foreign currency. No restriction requiring costs…

Permission to appeal an arbitral award on a point of law under section 69 of the Arbitration Act 1996 is exceptional. For a private, one-off contractual…

For opposition to a new business tenancy under section 30(1)(f) of the Landlord and Tenant Act 1954, the landlord must show both a genuine intention to carry…

A costs order requires a proper basis of agreed or determined facts. Where substantive issues are neither decided nor compromised, and the proceedings are…

A court may stay an appeal from the rejection of a proof of debt in favour of a foreign forum only in rare and compelling circumstances. The insolvency context…

In assessing trade mark similarity and indirect confusion, the court must consider the mark as a whole while addressing the significance of any perceived…

A copyright claim may be struck out where the claimant cannot show a real prospect of overcoming limitation. Under Limitation Act 1980, deliberate concealment…

Costs are assessed by reference to the real issues, the parties’ conduct and the circumstances in which litigation became necessary. A personal representative…

Permission to appeal may be granted where the proposed appeal has a real prospect of success or there is some other good reason for it to be heard. A court…

Post-termination restraints in employment contracts are enforceable only where they protect a legitimate proprietary interest and go no further than reasonably…

When sanctioning an insurance business transfer scheme under Financial Services and Markets Act 2000, the court must decide whether the scheme is fair as a…

For the purposes of an unfair-prejudice petition, a company’s dividend arrangements must be construed from its constitution and any binding shareholders’…

Beneficial ownership will ordinarily follow the legal estate, but that presumption may be displaced by proof of an express common intention constructive trust.…

Under Land Registration Act 2002, Schedule 4, a forged disposition is a mistake capable of correction. The power extends to removing a derivative charge…

In construing a patent claim, technical terms are interpreted purposively and in context. A term such as “frame” may have different meanings in different parts…

A director’s proper-purpose duty concerns the purpose for which a power is exercised, while the duty to promote the company’s success is concerned with the…

A warrant under section 28 of the Competition Act 1998 may be issued where the court has reasonable grounds for suspecting both that relevant documents are on…

A solicitor’s equitable lien depends on the client’s responsibility for the solicitor’s charges and on an identifiable fund to which the lien can attach. Where…

Rectification of a formally executed trust deed requires convincing evidence that the document wrongly recorded the relevant intention. The applicable…

A signed heads of terms may create an immediately binding contract even though the parties contemplate a later, fuller agreement. The court must assess the…

Contractual costs provisions should be taken into account when the court exercises its discretion on costs, but they do not automatically require indemnity…

A person may be committed for contempt for breaching a court order only where the order is unambiguous and the claimant proves, to the criminal standard…

Persistent non-payment of Crown debts is not enough by itself. The court must determine whether the director adopted an unfair policy of preferring other…

For a bankruptcy petition, personal service is mandatory unless the court prospectively orders substituted service under rule 6.14 of the Insolvency Rules…

Under section 6 of the Company Directors’ Disqualification Act 1986, the court must make a disqualification order where insolvency and unfitness are proved.…

A petition for unfair prejudice is well founded where the complained-of conduct concerns the company’s affairs, causes prejudice to the petitioner’s membership…

A protective costs order is not ordinarily available in private litigation between private parties, even where the claim raises issues of public interest or…

The without prejudice rule has a broad application. Its exceptions are narrow and must be recognised by authority or developed incrementally on principle. A…

Under the 1992 ISDA Master Agreement, the non-defaulting party has flexibility to choose a method for determining Loss, but the method must be reasonable…

Registered trade mark rights may be enforced against counterfeit goods and against signs which create an association with the registered marks. A defendant…

Receivers appointed over contractual security assets may receive sums payable in respect of those assets and use the chargors’ names to collect them, where the…

In insolvency proceedings begun by application notice and witness statement, the court may direct formal pleadings where a disputed dishonesty claim is…

A disclosure statement must be sufficiently transparent to enable the court and the opposing party to evaluate the adequacy of the search. It must identify the…

The forfeiture rule may apply where a person assists another’s suicide, even without a criminal conviction. The court should first decide, on the balance of…

An appellate court may uphold the exclusion of peripheral or irrelevant pleading under its inherent case-management jurisdiction, including where the express…

Where legislation provides an exclusive statutory remedy for recovery of overpaid tax, expressly ousting common-law claims, those claims cannot proceed merely…

The doctrine of frustration applies only where a supervening event, without default by either party, makes performance radically different from the bargain…

Strike out is governed by the applicable procedural test: whether the statement of case discloses no reasonable grounds for bringing or defending the claim.…

The court has jurisdiction to order a further interim payment on account of costs, but the power is discretionary. A further payment should not be ordered…

When sanctioning an insurance business transfer scheme under Financial Services and Markets Act 2000, the court must assess whether the scheme as a whole is…

A contractual variation by conduct requires an objective consensus. The conduct must unambiguously show an intention to vary existing terms, accepted by the…

The court’s power to remove a bankruptcy trustee is broad, but removal must serve the interests of the bankruptcy process as a whole. The court must weigh the…

A foreign liquidator recognised under the Cross-Border Insolvency Regulations 2006 remains a foreign representative. Recognition does not convert the foreign…

Delay in progressing proceedings is not, by itself, an abuse of process, however lengthy it may be. A claimant’s decision to pause proceedings pending related…

Legal professional privilege protects confidential legal advice and related records. Confidentiality is not lost merely because privileged material has reached…

In a family company, the expression “quasi-partnership” is a convenient label, not a legal definition. The question is whether the dealings between members…

A freezing order requiring immediate disclosure of assets creates a separate breach when the required information is not provided in respect of each order. The…

For a scheme of arrangement involving an overseas company, the court may have jurisdiction where the company is liable to be wound up in England and Wales…

A dissolved company, having ceased to exist, cannot itself apply for or continue a freezing order before restoration to the register. However, the court may…

The court may appoint a receiver by way of equitable execution where the demands of justice require it and ordinary enforcement methods present a practical or…

Adjournments in bankruptcy proceedings should be exercised sparingly. Where a court has heard full argument on a petition’s merits, postponing its…

Permission to make collateral use of documents disclosed and witness statements served in English proceedings is exceptional. The applicant bears the burden of…

The operation of a viewing gallery may, in an appropriate case, constitute a private nuisance by materially interfering with the use and enjoyment of…

On an application for an interim copyright injunction, broad similarities between works do not by themselves establish a serious issue as to copying a…

An administrator owes the company and its creditors concurrent common-law, equitable and statutory duties to exercise reasonable care and skill and to obtain a…

An extended civil restraint order may be made by a judge authorised to sit as a deputy High Court judge. An application to discharge or vary such an order is…

Permission to appeal should be refused where the proposed appeal has no real prospect of success. The court may assess costs summarily and take a broad-brush…

Permission to introduce a late ground into an administration application depends on the justice of the case in its procedural context. The court considers the…

A personal relationship of trust and confidence does not, without more, make a commercial participant a fiduciary. The question is whether the circumstances…

The court has a broad, fact-sensitive discretion when deciding whether to make a costs order relating to particular issues or steps. Evidence prepared and…

The power to rescind a winding-up order is discretionary and should be exercised cautiously only in exceptional circumstances involving a material change from…

Permission to appeal against a domicile finding should be refused where the proposed appeal merely seeks to re-run the factual evaluation. An appellate court…

In an investment-bank special administration, the statutory trust of client money continues notwithstanding the appointment of special administrators. The…

Where unfair prejudice has been established but the amount of excessive remuneration cannot be quantified, the court’s power to grant relief remains…

When sanctioning a Part VII transfer scheme, the court exercises an independent and absolute discretion. It must assess who may be adversely affected and…

When sanctioning an insurance business transfer scheme, the court must decide whether the scheme as a whole is fair between the affected classes. It must…

A contractual indemnity covering liabilities to a taxation authority may extend to accelerated payment notices, even where the statutory regime was introduced…

Specific disclosure must be confined to carefully defined and proportionate searches for documents falling within the disclosure obligations. The court must…

Proprietary estoppel by acquiescence requires knowledge of the claimant’s mistaken belief concerning the right asserted against the defendant’s inconsistent…

In an unfair-prejudice petition, directors’ remuneration is ordinarily a commercial matter for the board. Where remuneration is unauthorised by the…

A banking business transfer scheme under Part VII of the Financial Services and Markets Act 2000 may transfer only part of a deposit-taking business, provided…

Patent claims are construed purposively and in context, while respecting their language and deliberate limitations. A device claimed for a function is…

A company member may establish unfair prejudice through cumulative failures of corporate housekeeping, financial irregularities, failures to provide…

Where a court has stayed enforcement of an order pending determination of related proceedings, parties cannot circumvent the stay through nominees, receivers…

Where an executor-beneficiary seeks permission to purchase estate property, the court must be satisfied that the proposal is fair. Where adult beneficiaries…

A ring-fencing transfer scheme may be sanctioned where the statutory jurisdictional conditions are met and the court considers sanction appropriate in all the…

In a party-to-party disclosure application, relevance is the prima facie test, but confidentiality owed to third parties must also be assessed. Confidentiality…

Non-compliance with a procedural requirement governing the filing of an administrator’s notice does not automatically invalidate the appointment. The court…

Permission to serve proceedings out of the jurisdiction requires a serious issue to be tried, a good arguable case within a jurisdictional gateway, and England…

A director must treat company property as belonging to the company and must not divert it for personal benefit, including by routing payments through third…

Where a mandatory order has not been complied with, the court may appoint another person to perform the required act under section 39 of the Senior Courts Act…

When deciding security for costs, the court must distinguish jurisdiction from discretion. Establishing a gateway under Part 25.13(2) does not itself justify…

A borrower who has represented that credit was obtained wholly or predominantly for business purposes may be estopped from asserting that the agreement was…

An express post-termination confidentiality clause is unenforceable if it restrains the use of information forming part of an employee’s general skill and…

Under pension scheme rules, an employer’s opinion that a member is incapacitated does not bind the scheme trustee. The trustee must make its own determination…

On an application for an interim payment, the court must be satisfied that the claimant would obtain judgment for a substantial sum if the claim proceeded to…

An application to withdraw admissions under CPR Part 14 requires consideration of the factors in paragraph 7 of Practice Direction 14, including the grounds…

Under Consumer Credit Act 1974, the court assessing an unfair debtor-creditor relationship must distinguish attribution from context. Conduct by another person…

An application to vary or discharge a warrant under paragraph 9.1 of the Practice Direction is an on the merits review of the original ex parte decision, not a…

On an application concerning service and jurisdiction, a party relying on a disputed foreign jurisdiction agreement must establish the validity of that…

A will is not revoked merely because it has been destroyed. The party relying on revocation must establish the statutory requirements, including the necessary…

A trustee has no inflexible rule-based entitlement, or prohibition, concerning an appeal in internal trust proceedings. The question is whether, in the…

Former tax-approval limits in pension-scheme rules may operate as caps rather than as the member’s substantive entitlement. Where those limits are relaxed or…

A document is a sham only where all parties share an intention that it should create different rights and obligations from those it appears to create, and…

Whether later proceedings are an abuse of process is a broad, merits-based judgment. The fact that a claim could have been brought earlier is not conclusive.…

A contractual relationship must be assessed by its substance and the parties’ objectively ascertained agreement. A freely negotiated consultancy agreement…