High Court: Chancery Division judgments, 2021

A registered legal charge granted by deed is not an agreement to confer an interest in land for the purposes of section 2 of the Law of Property (Miscellaneous…

In committal proceedings, CPR 81.7(1) gives the court a broad power to direct the attendance and examination of witnesses where this is appropriate for…

Under section 97A of the Copyright, Designs and Patents Act 1988, the court may order internet service providers to block access to websites where the websites…

A contractual revenue-share entitlement is determined by the objective construction of the agreement, read as a whole and in its factual and commercial…

Under Administration of Justice Act 1970, section 36, the court may exercise its possession discretion before trial where the mortgagor admits a minimum debt.…

The jurisdiction to reopen a finally determined appeal under CPR 52.30 is exceptionally narrow. It requires real injustice, exceptional circumstances, no…

For proceedings concerning an EU trade mark that were pending at IP completion day, the court retains the jurisdiction previously available under Chapter X of…

Permission to appeal in director-disqualification proceedings should be confined to grounds that disclose a realistically arguable error of law, principle or…

Jurisdictional challenges are important interlocutory matters that should be handled briskly, quickly and cheaply. A party seeking an extension must explain…

In exercising the costs discretion, the court must begin with the general rule that the unsuccessful party pays the successful party’s costs, while giving real…

Under section 57 of the Trustee Act 1925, the court may confer a general administrative power where a transaction is expedient but cannot be effected under the…

Infringement under section 10(2)(b) of the Trade Marks Act 1994 requires a likelihood that the average consumer will believe that the goods originate from the…

Recognition of a foreign insolvency proceeding under the Cross-Border Insolvency Regulations 2006 is ordinarily a jurisdictional exercise. The receiving court…

An order pronounced by a court may be reconsidered before sealing, but the jurisdiction is rare and does not permit a second trial or a general re-argument.…

At the convening stage of a scheme application, the court does not assess the scheme’s merits or fairness. It determines whether the proposal is a compromise…

A statement in open court following settlement is a claimant’s opportunity to explain the claim, its effect and the settlement. The court should intervene only…

Permission to appeal will be refused where proposed grounds merely challenge a trial judge’s evaluative conclusions on valuation evidence and the judge adopted…

A pleading must give the opposing party sufficient notice of the case to be met. Where an element of a claim is to be inferred, the pleaded facts relied on for…

An energy supply company administration order may be made where the statutory jurisdictional conditions are met, even though the legislation does not require…

An injunction will not be granted where the applicant fails to establish a serious issue to be tried. In assessing that threshold, the court may scrutinise the…

On an application for summary judgment, the court should avoid finally determining a difficult or fact-sensitive issue where fuller evidence may materially…

A shareholder’s unpaid contractual consideration does not, without more, invalidate or alter the shareholder status created by a valid allotment and recorded…

A non-commercial body’s statutory entitlement to carry on reserved legal activities does not exempt its directors or employees from the separate requirement to…

In sanctioning a takeover scheme, the court must be satisfied that the statutory requirements and procedural safeguards have been met. The relevant class must…

On a summary application concerning limitation under Limitation Act 1980, the court must decide whether the claimant has a realistic case that the concealed…

Costs ordinarily follow the event, but the successful party may receive less than full recovery where issues were abandoned or narrowed too late. The court…

A quia timet injunction may be granted where the evidence shows a sufficiently visible threat to the claimant’s rights, even though the threat need not be…

A freezing order requires a good arguable case, a real risk of dissipation, and proof that relief is just and convenient. The risk must be assessed separately…

Lease covenants requiring consent to alterations may apply to extensive internal works even where the building’s principal structural frame is untouched. The…

A later claim is not automatically abusive merely because it could have been brought in earlier proceedings or because the claimant failed to comply with the…

A court may determine an application to cancel a mental health crisis moratorium where the creditor has complied with the statutory review procedure and the…

A director may be served under section 1140 of the Companies Act 2006 at a registered address within the jurisdiction, even when resident abroad. A…

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

Contractual instruments forming part of a single development should be construed objectively, as a whole, and in their documentary, factual and commercial…

A voluntary disposition may be set aside for a distinct mistake about its legal or factual consequences, including mistaken tax consequences. Carelessness does…

On an interim application for an injunction, the court must assess whether the applicant’s evidence materially misled the court, rather than impose an…

A shareholder’s general ability to sell shares is subject to the contractual transfer provisions in the company’s articles. Where those provisions establish…

A judge is not apparently biased merely because they have earlier decided matters adversely to a party in the same proceedings. Recusal requires substantial…

A trustee or personal representative may recover litigation costs from a trust fund or estate only where the costs were properly incurred and were incurred in…

On a challenge to an arbitrator’s substantive jurisdiction, the court must distinguish between the disputes actually referred and later disputes. The scope of…

Disqualification under section 6 of the Company Directors Disqualification Act 1986 is mandatory where a director of an insolvent company is unfit to…

Under CPR rule 44.2(8), a party ordered to pay costs subject to detailed assessment should ordinarily pay a reasonable sum on account unless there is good…

When exercising the costs discretion, the court must consider the litigation as a whole, including partial success, conduct and admissible settlement offers. A…

An applicant seeking fortification of a cross-undertaking must show a good arguable case, equivalent in this interlocutory context to a sufficient risk that…

An assignee of company claims cannot use the procedural gateway in the Insolvency Act 1986 unless it is itself a creditor or contributory. Assignment of…

When an amendment is sought after expiry of the limitation period, the court must first analyse whether it introduces a new claim and, if so, whether it arises…

The court may remove an executor where the proper and effective administration of an estate is threatened, even without proof of wrongdoing. The central…

Successive interlocutory applications may constitute abuse of process where a party seeks to raise points that were available, and should have been raised…

A contractual investment may be binding on a company where its controlling shareholder negotiated the transaction under authority conferred by a shareholders’…

In an insolvency application, a person within the statutory class entitled to apply must also show a legitimate interest in the relief sought. That interest…

On an application to amend, permission should be refused only where the proposed amendment has no real prospect of success. The court should not conduct a…

A claim for rectification is not necessarily barred by cause of action estoppel, issue estoppel or abuse of process merely because an earlier employment claim…

The court may make reasonable procedural accommodations for a party experiencing mental-health difficulties, including permitting remote participation in a…

Registrability must be assessed against the goods and services covered by the application and the perception of the relevant public. The assessment must…

A trustee seeking the court’s blessing for a momentous exercise of a discretionary power must establish that the decision is properly constituted, within the…

Where parties’ conduct objectively demonstrates acceptance of termination, a management-services agreement may end by consensual termination on the date…

On dissolution of a partnership, the normal rule is that partnership property should be sold so that each partner receives full value. The court nevertheless…

Claims for repayment under sections 26(2) and 28(7) of the Financial Services and Markets Act 2000 are claims to recover sums by virtue of an enactment. They…

At a convening hearing under Companies Act 2006, the court does not decide whether a proposed restructuring plan is fair. It should stop the process only where…

For limitation purposes, discovery of fraud means knowledge of the essential facts constituting the precise deceit alleged. General awareness that something…

Imaging under a search order is a preservation measure. It does not itself justify unilateral searching or inspection of the imaged material. Any departure…

Obtaining the statutory majority does not entitle a company to sanction as of right. Under the Companies Act 2006, Part 26, the court retains an unfettered…

On an application for strike-out or reverse summary judgment, the court should not finally determine a developing or unsettled area of law where the claim has…

A third party costs order is exceptional but arises within a fact-specific jurisdiction. Pure litigation funders will generally not be ordered to pay costs.…

In an unfair-prejudice petition, the court must assess the parties’ conduct in the context of their relationship and the company’s practical operation. A…

An unregistered transfer of part of a registered title gives the transferee an equitable interest only in the land identified by the transfer. A person in…

A misfeasance application under section 212 of the Insolvency Act 1986 must identify the relevant duty, the alleged breach and the loss said to result. The…

A personal representative may be substituted where the court considers that the estate should be administered by another person. Misconduct need not be…

Leave to act as a company director during a disqualification undertaking is a fact-sensitive protective jurisdiction. The court must balance the public…

Costs in scheme proceedings under Part 26 of the Companies Act 2006 remain in the court’s discretion. The ordinary costs rule under CPR 44.2 will ordinarily…

A jurisdiction clause covering disputes arising in connection with an agreement may extend to tortious, equitable and intellectual-property claims where those…

In a professional negligence claim concerning the purchase of a business and property, damages must place the claimant in the position it would have occupied…

The Chancery Division has a wide inherent jurisdiction to make interim orders in the best interests of a charity. Where the governing contract does not address…

An agreement to compromise a doubtful claim may be supported by consideration where the claimant honestly believes that the claim has a reasonable prospect of…

Contractual interpretation is a unitary exercise addressing language, contractual context and commercial consequences. Where professionally drafted wording is…

A secured creditor may amend a bankruptcy petition to state that it is willing to relinquish security for the benefit of creditors. The absence of an express…

Costs following a directions hearing may be awarded immediately where the hearing was in substance a contested application and one party clearly succeeded on…

A freezing order requires a real risk of unjustified dissipation. The court assesses all relevant circumstances together. A special-purpose vehicle with a…

A company voluntary arrangement may be challenged for material irregularity only where the alleged defect created a substantial chance that creditors would…

Costs thrown away following an adjournment are assessed under the applicable basis in the Civil Procedure Rules 1998. On the standard basis, the court allows…

At a scheme convening hearing, the court does not determine the merits of the proposed scheme. It considers jurisdiction, whether the proposed class or classes…

A relationship of trust and confidence, combined with a transaction that calls for explanation, may shift the evidential burden in an undue-influence claim.…

Where the statutory conditions for cross-class cram down are met, the court must still exercise an informed discretion under Companies Act 2006, Part 26A.…

Summary judgment may be entered where subsequent evidence removes any realistic prospect that an issue will require trial. In fixing consequential relief…

Under section 124A, the Secretary of State’s view that winding up is expedient in the public interest does not determine the application. The court must decide…

For the purposes of director disqualification, a failure by a director to keep, maintain, preserve or deliver up adequate accounting records may itself…

A franchisor’s contractual discretion to designate a force majeure event must be exercised honestly, in good faith and rationally, taking account of relevant…

On an application under Civil Procedure Rules 1998 Part 3.4, a claim should be assessed from the pleading itself, assuming its factual allegations are true. A…

Trade mark similarity must be assessed by considering each mark as a whole, while taking account of distinctive and dominant components. A generic polo horse…

A company voluntary arrangement may provide different treatment for different creditor sub-groups without falling outside the jurisdiction of Insolvency Act…

CPR 19.2(2)(a) confers a broad joinder jurisdiction. The threshold is desirability, not necessity, and is not confined to cases in which existing proceedings…

At a scheme convening hearing, the court determines whether the proposed meetings can properly be held, without deciding the scheme’s merits or fairness. The…

A contractual disclosure clause protects a seller only where the relevant matter is fairly disclosed with sufficient detail to identify its nature and scope. A…

A court-appointed receiver’s remuneration and expenses are recoverable from the assets subject to the receivership, including after discharge, unless the order…

For testamentary capacity, the common-law test in Banks v Goodfellow (1870) LR 5 QB 549 continues to apply. The Mental Capacity Act 2005 does not replace it…

Permission to withdraw an admission depends on all the circumstances, with the administration of justice and the overriding objective informing the court’s…

Where an application may derogate from open justice, the court must ask whether the proposed order is necessary in the interests of justice. Confidentiality…

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

Indemnity costs require conduct or circumstances taking the case outside the norm. Unreasonable conduct must generally be serious, but moral condemnation or…

A damages-based agreement entitles a solicitor to payment only where the client recovers a benefit from another party in or as a consequence of the litigation.…

Passing off requires clear and cogent evidence of an operative misrepresentation which is likely to cause material damage to the claimant’s goodwill. Mere…

In construing a will, the court must identify the testator’s intention from the words used, read in their documentary and factual context. A provision may be…

Under Article 5(3) of Regulation (EC) 261/2004, “extraordinary circumstances” are construed narrowly and from the passenger’s perspective. The operative…

On a defendant’s application for summary judgment, the court must decide whether the claim has a realistic, rather than fanciful, prospect of success, while…

Recognition under the Cross-Border Insolvency Regulations 2006 is mandatory where the statutory requirements are met, subject to the public-policy exception. A…

An indemnity costs order may be justified where a party’s conduct is outside the norm, including where the resistance to an application is inherently weak…

Where liability and quantum are tried separately and a genuine Part 36 offer concerns issues not yet determined, costs ordinarily must be reserved until the…

UK unregistered design right is concerned with the shape and configuration of an article and does not depend on colour. For Community unregistered design…

A statutory bad debt relief scheme may exclude common law restitutionary remedies where, construed as a whole, Parliament intended it to be comprehensive and…

A contract for the sale or other disposition of an interest in land is unenforceable unless it satisfies Law of Property (Miscellaneous Provisions) Act 1989…

An intercreditor agreement preventing a lender from challenging the validity or enforceability of security may extend beyond formal validity. It can prevent a…

Under section 181 of the Law of Property Act 1925, the court may vest land in a person who would have been entitled to it had the estate remained subsisting.…

Summary judgment is inappropriate where the outcome depends on substantial disputes of fact requiring cross-examination. The court must assess whether the…

Costs in unfair prejudice proceedings remain governed by the ordinary discretionary principles. The starting point is that costs follow the event, but the…

In a sole-name domestic property case, the claimant must displace the presumption that beneficial ownership follows legal ownership. The court examines any…

For limitation purposes, Limitation Act 1980, section 32(1)(b) postpones time only where the concealed fact is essential to complete the claimant’s cause of…

Mortgage lending may be carried on by way of business even where it forms only a small part of a lender’s wider enterprise. Relevant indicators include…

At an interim stage, where the evidence is inadequate and the parties’ competing entitlement to money or assets cannot properly be resolved without oral…

For a preference claim, the relevant connection between a company and the recipient is assessed when the relevant dealing between them occurs. A wider…

Company directors must account for payments made from company funds unless they establish a lawful and proper purpose. The evidential burden shifts once the…

For an adult child, reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 is limited to provision for…

At a scheme-convening hearing, the court should assess notice, jurisdiction, class composition, arrangements for ascertaining creditors’ wishes and any…

A Norwich Pharmacal order may be made against a respondent who is more than an innocent facilitator, including a person alleged to have participated in or…

An adjournment application is governed by the overriding objective and the interests of a fair trial. The question is whether proceeding would be fair in all…

Payment of existing costs orders may be made a condition of pursuing an appeal where there is a compelling reason, assessed as a value judgment on the…

Jurisdiction under Article 4 of the Brussels Regulation (Recast) is mandatory where the defendant is domiciled in the jurisdiction. It cannot be avoided by an…

A private examination under section 236 of the Insolvency Act 1986 is an investigative process. The fact that it occurs before a judge, under compulsion and…

Permission to appeal may be granted where the proposed appeal has a real prospect of success or there is another compelling reason for it to be heard. A novel…

On sanctioning a scheme of arrangement, the court must decide whether the explanatory statement gave ordinary scheme members sufficient information to make an…

A contractual stakeholder arrangement ordinarily gives the parties contractual rights only. The stakeholder holds the money pending the contract’s outcome and…

The court refused permission to appeal, declined to stay costs orders, refused recusal, and gave procedural directions concerning possible contempt proceedings…

A will is interpreted by identifying the testator’s intention from the words used in their documentary and factual context, applying the same approach as for…

Parties who have agreed exclusive jurisdiction or arbitration clauses will ordinarily be held to that bargain. Limited proceedings seeking urgent protective…

Under the Inheritance (Provision for Family and Dependants) Act 1975, a child’s claim is limited to reasonable financial provision for maintenance. The court…

A contractual remuneration schedule cannot be incorporated where the document said to contain the relevant terms did not exist when the contract was made.…

Costs in restructuring-plan proceedings under Part 26A are a matter for the court’s discretion. There is no established principle or presumption that an…

Commercial rent remains payable during pandemic-related closure unless the lease, properly construed, provides otherwise. A keep-open covenant which is…

A party has practical control of a third party’s documents where a continuing arrangement or understanding enables it to obtain relevant documents, even…

Permission is not required to commence proceedings against a court-appointed receiver who has left office. The appointing court retains supervisory…

At a scheme sanction hearing, the court must be satisfied that the statutory requirements and convening order have been complied with, the class was fairly…

A court will not ordinarily determine a dispute or give advisory guidance where no defendant is before it. A Part 8 claim without a named defendant is…

A defence or claim is not abusive merely because an issue could have been raised in earlier proceedings. The court must undertake a close, merits-based…

A trial is unfair where the judge’s conduct, assessed cumulatively, prevents a party from properly presenting its case and the judge from fairly evaluating it.…

An administration order requires proof that the company is, or is likely to become, unable to pay its debts and that administration is reasonably likely to…

Relief from sanctions may be granted where a serious and significant default resulted from a compliance period that was, in practice, unrealistically short.…

Extended disclosure must be directed to the key factual issues which require contemporaneous documents for fair resolution. It must also be reasonable and…

A common intention constructive trust may arise where the parties expressly agree to share beneficial ownership and rely on that agreement to their detriment.…

An application to vary an approved costs budget involves a mandatory two-stage threshold. The applicant must establish a significant development since the last…

Under CPR 81.6, the court’s own-initiative power to commence contempt proceedings is exceptional. It is generally engaged where contempt appears clear, urgent…

A second claim may constitute an abuse of process where an earlier claim was struck out for deliberate non-compliance with an unless order, particularly where…

For the purposes of Company Directors Disqualification Act 1986, unfitness is determined by evaluating the director’s conduct against proper standards of…

An express easement permitting aircraft to use airspace at a safe height must be construed objectively in its documentary, factual and commercial context.…

A declaration of non-infringement is discretionary and should be granted only where it serves a useful purpose. A declaration is unnecessary where the order…

A successful party is ordinarily entitled to its costs under CPR rule 44.2. Indemnity costs require conduct or circumstances taking the case out of the norm.…

For a restructuring plan under Companies Act 2006 Part 26A, creditor classes are determined by the legal rights which are released, varied or conferred…

A stakeholder may invoke Civil Procedure Rules 1998, Part 86 where competing claims are reasonably expected, even though no rival claim has yet crystallised.…

A contractual break clause permitting termination “at any time” may be subject to an implied limitation where it is necessary and obvious that the right can be…

An adjournment of consequential matters must be justified, particularly where it would disrupt imminent trials or prejudice other parties. The court must…

Non-compliance with the notice requirement in paragraph 26(1)(b) of Schedule B1 to the Insolvency Act 1986 does not necessarily invalidate an out-of-court…

Where contractual terms govern the distribution of proceeds from enforcing security, the court must determine their objective meaning by reading the contract…

In an unfair prejudice petition, majority shareholders may retain the statutory power to remove directors while being contractually restricted from exercising…

A company’s funds should not ordinarily be used to finance a dispute between its shareholders where the company is the object of the dispute rather than a…

For relief under sections 994 and 996 of the Companies Act 2006, a member must establish both prejudice and unfairness in the conduct of the company’s affairs.…

A claimant must prove the positive case advanced, even where the opposing case is rejected. An asset-concealment structure may be established without…

When sanctioning a restructuring plan under Companies Act 2006 Part 26A, the court applies the established scheme-sanctioning principles where no cross-class…

In managed multi-claimant litigation, amendments should be controlled by proportionate case management. Material disclosed only after the original pleading may…

A person may be liable for fraudulent or wrongful trading, breach of directors’ duties and related remedies without being a formally appointed director. The…

A non-compete covenant in a shareholders’ agreement is enforceable where it protects an established customer connection and goes no further than reasonably…

The court has an inherent power to strike out committal proceedings as an abuse of process, even where neither the Civil Procedure Rules nor a practice…

Construction of a long-term burial-right deed depends on the language used in the deed read in its commercial and factual context. Where a deed uses…

For bad faith under section 3(6) of the Trade Marks Act 1994, the applicant’s state of mind and intended use must be assessed against honest commercial…

Rectification of a trust instrument is available where the document fails to record the maker’s true intention, provided the intention is proved by convincing…

For a will to satisfy section 9 of the Wills Act 1837, the testator must sign or acknowledge the signature in the presence of two witnesses present at the same…

A request to inspect or copy a company’s register of members must contain all information required by section 116 when made. A missing statement cannot be…

A pleading must contain the material facts necessary to formulate a cause of action or defence. A fact which is irrelevant to the pleaded defence, and merely…

Under Part 26 of the Companies Act 2006, the court may give directions regulating voting at a scheme meeting so that the meeting fairly reflects the interests…

An employee who uses an employer’s business email account for private correspondence does not necessarily have a reasonable expectation of privacy or…

A public interest, or “iniquity”, defence may be available to claims for both breach of confidence and misuse of private information. The defence is not…

For summary judgment, investment advice is determined objectively. Information becomes advice where it includes a recommendation, value judgment, or selective…

Applications to amend pleadings engage the same overriding-objective balancing exercise whether the amendment is late or timely. The court must assess the…

A bankruptcy petition is a class remedy, not merely a debt-collection process. Where the statutory conditions are satisfied, the petitioning creditor is prima…

The rule in Hancock v Watson is a rule of construction concerned with the settlor’s intention when the trust is created. It may apply even where the engrafted…

The court may exercise its discretion under Civil Procedure Rules 1998, Part 64, and its supervisory jurisdiction over trustees to order trust money into court…

An injunction following established intellectual property infringement remains discretionary. It should ordinarily be refused where the infringement has…

An administrator must exercise independent commercial judgment within the statutory hierarchy of administration objectives, while acting in the interests of…

All members of a limited liability partnership may potentially face disqualification proceedings under the Company Directors Disqualification Act 1986, as…

A judgment obtained by fraud may be set aside only where the dishonesty was material to the decision actually made. The court must consider its effect on the…

Compensation for misfeasance or breach of fiduciary duty under the Insolvency Act 1986 is limited to the actual loss caused, assessed by ordinary principles of…

Legal professional privilege is not lost merely because legal advice is given against a background of suspected wrongdoing. The advice or communication must…

A court order publicising a judgment must be clear and readily understood. A public-domain proviso should not expose a publisher to contempt proceedings merely…

In complex litigation, case-management orders must be reasonably necessary and proportionate to the stage and needs of the proceedings. A generic and…

Where the validity of a will or grant is disputed, the court may appoint an administrator pending suit under section 117(1) of the Senior Courts Act 1981. The…

Costs are determined by the court’s broad discretion, having regard to all the circumstances, including party conduct, partial success and settlement offers. A…

Permission to amend a statement of case should be refused where the proposed claim has no real prospect of success or is inadequately particularised. In breach…

A proprietary estoppel may arise despite non-compliance with section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989. There is no separate…

On a first bankruptcy petition, the court retains a discretion to adjourn where there is credible evidence of a reasonable prospect that the petition debt will…

A petition under Companies Act 2006, section 994 requires proof that conduct of the company’s affairs caused unfair prejudice to the petitioner’s interests as…

A database right subsists where there has been substantial investment in obtaining, verifying or presenting the database contents. Investment in ascertaining…

Equity will not invoke the registration-gap doctrine or perfect an imperfect gift where there is no contract to transfer the property. However, an incomplete…

Where a trial is adjourned unexpectedly, the court may revisit a deemed or approved costs budget under CPR 3.14 and CPR 3.18. A court may make a summary costs…

A winding-up petition based on a disputed debt should be dismissed where the company has genuine and substantial grounds for disputing liability. The court may…

Where parties settle after receiving a draft judgment, the judge retains discretion to hand down the judgment. The court must balance the parties’ wishes and…

A partnership agreement takes effect according to its properly construed terms, viewed in its relevant factual matrix. Parties may compromise earlier disputes…

Knowledge and approval of a will concern whether its contents represented the testator’s testamentary intentions when it was executed. Although due execution…

Permission to amend a pleading very late is discretionary. The court must balance the applicant’s prejudice if permission is refused against prejudice to the…

For a will to be validly executed, the court must assess all the evidence on the balance of probability. An apparently duly executed will attracts a rebuttable…

A court may stay a debt claim, or enforcement of judgment, where special circumstances make a stay appropriate. The discretion is highly fact-specific. Where a…

A beneficiary may have sufficient interest to require an executor to account for an earlier estate where a possible asset of the beneficiary’s estate is a…

In assessing costs, the court should identify the substance of the dispute and consider whether a proportionate costs order better reflects the parties’…

Where unmarried parties acquire property in joint names without an express declaration of trust, the starting point remains that equity follows the law and…

A partnership may exist despite legal or practical arrangements placing business assets in one partner’s name. The court must determine the parties’ true…

Separate claimants cannot generally be added to an issued but unserved claim form under CPR 17.1, which permits an existing party to amend its own statement of…

In deciding how to structure a split trial, the court should adopt a pragmatic and case-specific approach. More issues may properly be included in the first…

In a without-notice injunction application, the applicant must disclose significant factual, legal and procedural matters, including information which…

An administration order requires the court to be satisfied that the company falls within the statutory jurisdiction, is unable or likely to become unable to…

An interlocutory order for further disclosure, including inspection of a witness’s laptop and deleted emails, should be made only where it is proportionate and…

Relief under Insolvency Act 1986, section 423 requires proof of a transaction at an undervalue and of the statutory purpose and victim requirements. A…

The court’s power to order disclosure concerning compliance with disclosure obligations exists, but is exercised very sparingly. Disclosure must remain…

Consequential relief following summary judgment may be granted on issues already finally resolved, even where subsidiary ownership or remedy issues remain for…

In civil contempt proceedings, the court may proceed in the respondent’s absence where service and notice are established, the absence is deliberate or amounts…

Obligations arising under a statutory deferred-probate scheme remain statutory obligations. They are not converted into contractual or trust obligations merely…

Where parties agree that a payment will be made under a consent order, the payment must be appropriated according to that order unless the payer attached a…

The penalty rule applies to a secondary obligation imposed on breach of a primary obligation. The question is whether the detriment is extravagant, exorbitant…

Where a contract gives a party a clear right to rescind after a long-stop date, continuing to engage in efforts to achieve late performance does not, without…

The open justice principle generally favours access by non-parties to documents placed before and referred to by the court. Access is not automatic where…

A donatio mortis causa is an exceptional method of transferring property on death without complying with the formalities of a will. Its requirements must be…

A trustee is not generally required to act where doing so exposes it to a real, non-fanciful risk of personal liability, including criminal prosecution under…

Discharge from bankruptcy does not release a bankruptcy debt incurred in respect of fraud to which the bankrupt was a party. Fraud for this purpose has the…

Insolvency Act 1986 section 212 is a procedural gateway for misfeasance proceedings, not a free-standing cause of action. Directors must account for dealings…

Website-blocking orders may be granted where internet service providers are used to infringe copyright and have actual knowledge of the infringement. The court…

Internet service providers may be ordered under section 97A of the Copyright, Designs and Patents Act 1988 to block access to a website where the statutory…

Cross-examination in aid of a freezing order is exceptional relief. It requires a significant or serious deficiency in existing asset disclosure, and the order…

A trial judge may admit an absent party’s witness statement as hearsay, but may exclude it where the party’s failure to submit to cross-examination makes…

After recognition of a foreign main insolvency proceeding, the automatic effects of recognition may make continuation of provisional asset-protection relief…

UK unregistered design right infringement requires copying and production of an article exactly or substantially to the protected design. Copying may arise…

A court may make a retrospective administration order where the company is not otherwise subject to an administration and the statutory conditions are…

When sanctioning a scheme under Companies Act 2006 Part 26, the court must consider statutory compliance, class representation and voting, whether an…

At a convening hearing under Companies Act 2006, the court determines class composition, jurisdictional issues and whether the explanatory statement contains…

On an appeal concerning a proof of debt, the creditor bears the burden of proving its debt on the balance of probabilities. Where liability depends on a…

When distributing money recovered under section 382(3) of the Financial Services and Markets Act 2000, the court should ordinarily respect the separate…

An order made in a party’s absence may be set aside under CPR rule 39.3 only where the applicant acted promptly, had a good reason for non-attendance, and has…

For adverse possession, physical control must be accompanied by a clear intention to possess the land and exclude the paper owner, so far as reasonably…

An accounting agent must prove each item of discharge, while the beneficiary bears the burden of proving surcharges. Contractual and restitutionary claims must…

On an application to set aside an order made without hearing from the parties, the court conducts a rehearing directed to whether the order was appropriate…

A director breaches fiduciary and statutory duties where he accepts a personal benefit funded by company assets, even if no third party is involved in the…

The constitution of a charitable unincorporated association operates contractually between its members. An executive committee may regulate the membership…

A contractual provision requiring payment of costs may justify assessment on the indemnity basis where its wording is inconsistent with proportionality, even…

A restructuring plan under Part 26A of the Companies Act 2006 falls within the bankruptcy exclusion in the Lugano Convention. Its financial-difficulty…

When sanctioning a scheme of arrangement, the court considers whether the statutory requirements have been met, whether the class was fairly represented…

A document is a sham only where the relevant parties intended it to create rights and obligations different from those appearing on its face, and intended to…

An express declaration of trust in a transfer is the starting point for determining beneficial ownership. The court should give effect to it unless a…

Disqualification under section 6 of the Company Directors Disqualification Act 1986 requires proof that the director’s conduct, viewed cumulatively and in…

Permission to amend a pleading, including during a trial, is discretionary and governed by the overriding objective. The court must balance the injustice to…

Personal correspondence about private and family life is presumptively private. Public status, previous publicity about related matters, a recipient’s…

An unsuccessful appeal against a patent refusal will ordinarily attract an award of costs to the Comptroller. A costs award may be withheld or reduced where…

A claim of unfair relationship under Consumer Credit Act 1974 may be determined summarily. Although the creditor bears the ultimate burden under section…

A landlord claiming service charges under a lease bears the legal burden of proving liability, but the tenant bears the evidential burden of raising a prima…

The court may revisit an earlier case-management or judicial-allocation order where there has been a material change in circumstances. Whether the change is…

A contractual notice is valid only if it conveys the information required by the agreement. The reasonable-recipient approach in Mannai Investment Company…

Contractual interpretation is a unitary exercise directed to the objective meaning of the language used, read in the context of the agreement and relevant…

A later claim challenging a settlement agreement is not barred as an abuse of process merely because the claimant knew the underlying facts during an earlier…

Injunctions against protestors must maintain a fair and proportionate balance between lawful protest and the claimant’s private-law rights. In protestor…

Claims alleging breach of fiduciary duty are generally subject to a six-year limitation period running from the breach, unless a statutory exception applies.…

Where a defendant brings an additional claim against a person who is not already a party, the court fee is determined by reading the relevant fee provisions…

Oral discussions concerning a transfer of an interest in land do not alter beneficial ownership where the parties understood that formal legal documentation…

An oral agreement that company shares are to be held for several founders may create a constructive trust, even where the legal title and company records…

Validation under section 284 of the Insolvency Act 1986 is exceptional. The court generally requires credible evidence that the debtor is solvent, or that the…

Schedules containing employee and prepaid-consumer creditor details must not be delivered to the Registrar with a company’s statement of affairs under the…

An application to rescind a winding-up order must be made within the strict period prescribed by Insolvency (England and Wales) Rules 2016, and any extension…

When sanctioning a scheme of arrangement, the court may take account of the wider commercial and factual context, including connected restructuring steps and…

In a commercial misrepresentation claim, a statement about future performance is actionable only where, in context, it conveys a representation of present…

A claim under Insolvency Act 1986, section 423, may be struck out where the pleaded case is internally inconsistent or cannot yield any meaningful relief. A…

A winding-up petition should be restrained where the alleged debt is disputed in good faith on substantial grounds. The dispute need not satisfy a high…

When deciding whether to join a defendant under Article 8.1 of the Recast Brussels Regulation, the court should adopt a broad, common-sense approach. The…

Legal professional privilege belongs to the client and may be waived only by the client or a person authorised to act for it. Waiver need not be express. It…

Directors and other office-holders cannot be created by unilateral assertion or by resolutions passed by persons lacking the relevant constitutional power.…

When sanctioning a scheme of arrangement, the court must be satisfied that the statutory requirements have been met, the class was fairly represented, the…

Where a party asserts that an existing beneficial interest has been disclaimed, that party bears the burden of proving the disclaimer. The meaning of informal…

The court may remove a trustee where continued office would impede the proper administration of the trust or harm the beneficiaries’ interests. Actual…

Rectification of a deed requires convincing proof that the document records a different intention, an operative mistake in its wording, proof of what was…

When sanctioning a scheme of arrangement, the court must exercise its own discretion. It must consider whether the statutory requirements have been met…

An appellate court should rarely interfere with factual findings, particularly findings based on live evidence. It must intervene where the judgment does not…

A restructuring plan may be sanctioned by cross-class cram down where the dissenting class would be no worse off than under the most likely alternative and an…

A claim to set aside a judgment for fraud must plead primary facts from which dishonesty is more likely than innocence or negligence. Serious allegations…

In determining costs after a successful claim, the court should identify the winner, consider whether the winner lost a distinct issue, and then decide whether…

Where parties have agreed to arbitrate a dispute, the court should not determine that dispute within related court proceedings. The principle of party autonomy…

Summary judgment is appropriate where the defence is legally untenable or has no realistic prospect of success, and the issue can be decided without a…

Trade mark rights remain territorial in their effect. Mere accessibility in the United Kingdom of a foreign website, or of listings on it, does not establish…

A notice of intention to appoint an administrator is valid only where the company has a genuine and settled intention to make the appointment. A conditional or…

For a computer-implemented invention, the court must identify the substance of the invention and its actual contribution, rather than rely on the form of the…

Permission for a derivative claim requires more than a prima facie case, but the court must avoid conducting a mini-trial. It should form a provisional view of…

A court may order further disclosure ancillary to a freezing injunction where the disclosure has practical utility in policing the injunction and is just and…

An accounting party is chargeable with property received in an official capacity where the party had control enabling it to apply the property. The beneficiary…

Where a freezing order requires disclosure to be confirmed by affidavit, the court should ordinarily maintain that requirement because of the formal sanctions…

Section 284(4)(a) of the Insolvency Act 1986 protects an innocent recipient of property or a payment made during the statutory period before bankruptcy. The…

A mistaken filing recording satisfaction of a registered charge does not extinguish the underlying debt or security. Failure to notify a prior charge-holder…

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 contractual termination clause referring to a material breach may be engaged by a breach which seriously affects the benefit expected from performance, even…

Part 36 is a self-contained procedural code. An offer accepted after the relevant period may be accepted subject to the court determining liability for costs…

For the purposes of Article 8(1) of the Recast Brussels Regulation, a sustainable claim against an anchor defendant ordinarily requires a serious issue to be…

Where evidence raises a real question about a party’s litigation capacity, the court must address capacity before allowing substantive proceedings to continue.…

In expedited possession proceedings against trespassers, the court must remain alert to whether the claim is genuinely disputed on substantial grounds under…

A claim in pure knowing receipt, where dishonesty is not alleged, requires the claimant to retain a proprietary interest in the property when it is received.…

Permission to appeal requires a real prospect that the proposed appeal will succeed. In a fraud claim, evidence that a representation may have been false does…

Permission to appeal may properly be granted on issues raising an arguable question of law, but refused where the proposed appeal merely challenges findings…

An application under Company Directors Disqualification Act 1986, s 8A, must be determined on its substance even where relief under s 17 is also available. The…

Under section 30(1) of the Land and Tenant Act 1954, the court first decides whether the relevant statutory ground is established. Breaches under section…

In construing a fair-value clause in company articles, the court must focus on the natural and ordinary meaning of the words, the articles’ scheme and purpose…

Where parties refer a dispute to an independent expert, the court determines the scope and limits of the expert’s authority by construing the contract. It will…

For contractual damages, the breach must be an effective or dominant cause of the loss, rather than merely creating the occasion for it. Concurrent causes may…

Under section 1(4) of the Civil Liability (Contribution) Act 1978, a party who has made a bona fide settlement need not prove actual liability to the claimant…

An oral commercial discussion creates a binding contract only where, objectively, the parties intended legal relations and agreed all terms regarded as…

Joint authorship of a screenplay does not depend on who typed the words or had the final say. The question is whether the parties collaborated with a common…

Applications to adjourn a trial because of pandemic-related concerns must be determined through a holistic case-management assessment of whether the trial can…

Permission to apply under a post-trial confidentiality and retention order does not itself create a right to inspect documents. The order must be construed…

A written agreement for a joint business venture may require the court to infer the parties’ intended corporate structure from its language, purpose and…

A natural watercourse requires a regular channel in which water flows, although it may be temporarily dry. A channel filled only during temporary flooding does…

In determining classes for a scheme of arrangement, the court must examine members’ rights rather than their commercial interests. The relevant comparison…

An application for security for costs under CPR 25.13 involves a two-stage inquiry. The applicant must first establish a threshold condition and must then show…

A claim under Law of Property Act 1925 s 91 to redeem or sell mortgaged property may require credible evidence of available funding and its source. The court…

An application under Administration of Justice Act 1985, section 48 is confined to clear construction questions where the statutory conditions are met. It is…

A regulatory production notice may require solicitors to provide client files notwithstanding any lien or right to possession. The statutory power is distinct…

On an interlocutory strike-out application, the court must not conduct a mini-trial where material facts are disputed. Fraud allegations should proceed where…