High Court: Chancery Division judgments, 2023

Interest on costs incurred in a foreign currency should ordinarily reflect the borrowing cost in that currency. For euro costs, the appropriate benchmark was…

Adverse possession acquired before first registration under the Land Registration Act 1925 is subject to the statutory consequences later introduced by the…

Where litigation involves distinct applications or issues, costs should ordinarily reflect the separate success or failure of each materially distinct step. A…

A final order may be revisited under Civil Procedure Rules 1998, rule 3.1(7), only within the limits of that jurisdiction. A subsequent change of circumstances…

A limitation on a registered proprietor’s constitutional capacity to dispose of land cannot affect the disponee’s title under Land Registration Act 2002…

Summary judgment is inappropriate where the court would need to conduct a quasi-trial, weigh incomplete evidence or resolve competing factual inferences. This…

An existing partnership is not varied merely because partners continue operating after receiving an unsigned draft deed. The objective question is whether…

Applications concerning late evidence and trial management must be determined through the overriding objective and the requirement of a fair trial. An…

A director may borrow from a company without necessarily breaching fiduciary duty, but the transaction must be assessed against the company’s purpose…

A claim under Financial Services and Markets Act 2000, section 138D, is a claim for breach of statutory duty and does not constitute an action for damages for…

A domicile of choice requires both residence in the jurisdiction and a fixed intention to reside there permanently or indefinitely. The court must assess all…

At an interlocutory stage, a claim should be struck out only where it is bound to fail, and summary judgment should be granted only where there is no real…

A Court of Justice judgment interpreting retained EU law generally applies ex tunc, unless the Court of Justice itself expressly limits its temporal effect.…

A claim under section 67(5) of the Natural Environment and Rural Communities Act 2006 requires an existing public right of way for mechanically propelled…

Applications for summary judgment and amendment should be determined by asking whether the challenged claim has a real prospect of success and whether there is…

On a well-founded unfair-prejudice petition, the court has a wide but judicial discretion under Companies Act 2006, section 996. The remedy must be assessed at…

Whether a non-party costs order is just and fair is fact-sensitive. The court must consider the non-party’s connection with the proceedings, the extent to…

Where litigation produces mixed success, costs should be assessed by identifying the party who was predominantly successful overall, while separately…

The court confirms that large-scale unlawful information‑gathering (including blagging and the use of private investigators) and targeted voicemail…

Under section 6 of the Company Directors Disqualification Act 1986, the court must make a disqualification order where the defendant was a director of an…

The debtor-questioning procedure under CPR Part 71 is intended to obtain information to assist enforcement, not to provide a shortcut to contempt proceedings.…

A contractual power to expel a partner must be construed according to its terms and exercised in good faith, for the purposes of the partnership and without an…

The prohibition on using protected dairy designations for non-dairy products applies where the term is used to designate the product as milk, a milk product or…

In an unfair-prejudice petition, the court must identify the basis on which the company’s affairs were agreed to be conducted and determine whether the…

Where substantive relief has become pointless, the court must first consider whether it has a proper basis for making a costs order. That requires agreed or…

A trust of land may be declared before the writing required by section 53(1)(b) of the Law of Property Act 1925 exists. The writing evidences and…

A debarring order does not entitle a claimant to judgment without proof. The claimant must still satisfy the court that the relief sought is established on the…

Fraudulent trading under Insolvency Act 1986, section 213, requires business to have been carried on with intent to defraud or for a fraudulent purpose…

A settlement release is construed objectively, having regard to its purpose and the factual matrix. Prior negotiations and subjective intentions are…

Guideline hourly rates are not automatically increased by general inflation or by the growth of remote working. A party seeking rates above the applicable…

Proceedings brought in England to administer the assets of a deceased person are representative proceedings. A foreign representative cannot sue in that…

An appeal against rejection of a proof of debt must be determined by reference to the claim actually proved and adjudicated upon. A materially different claim…

An order for sale to enforce a charging order is an exceptional and potentially draconian remedy, but the court must weigh all relevant circumstances.…

In contempt proceedings, the applicant bears the burden of proving every essential element to the criminal standard, so that the court is sure. Circumstantial…

A partner’s fiduciary duty of good faith requires honesty and the absence of an improper motive. Mere negligence is insufficient, although deliberate…

A winding-up petition may proceed where the petition debt is not genuinely disputed on substantial grounds. A set-off or cross-claim must be supported by…

Summary judgment is available only where the respondent has no realistic prospect of success and there is no other compelling reason for a trial. The court…

A court order must be construed by identifying its natural and ordinary meaning in context, including the history and purpose of the order and the reasons for…

For an interim injunction, the applicant must show a serious issue to be tried and satisfy the court that interim protection is justified in the circumstances.…

An option agreement is construed as a whole and in its commercial and structural context. A provision requiring the parties to enter into a shareholders’…

At a sanction hearing for a scheme of arrangement under Part 26 of the Companies Act 2006, the court must be satisfied that it has jurisdiction, that the…

Reserved costs of interim applications are ordinarily determined when those applications have been resolved, rather than deferred until the substantive claim…

Under the current Civil Procedure Rules 1998, a lower court may direct the period for filing an appellant’s notice only at the hearing at which the decision…

Summary judgment is inappropriate where material factual disputes remain, disclosure may materially alter the evidence, or a novel legal issue is better…

Under section 994 of the Companies Act 2006, a breakdown in trust is insufficient by itself. The member must prove specific actual or threatened acts or…

In a professional negligence claim, causation of loss is an essential part of the cause of action. The claimant must plead a coherent counterfactual showing…

A fraud claim must be determined by reference to the pleaded case. The court will not infer dishonesty from unpleaded facts, absent exceptional circumstances.…

Where registered charges have been discharged by mistake, the court may rescind the discharges and direct alteration of the register. Such an order is not a…

On dissolution of a partnership, Partnership Act 1890, section 39 requires partnership property to be applied in payment of liabilities and what is due to the…

On an application for strike out or summary judgment, the court may decide a clear point of construction where the parties have had a proper opportunity to…

On an application for strike out and summary judgment, a defence should proceed to trial where the evidence gives the defendant a realistic prospect of…

Contractual subordination provisions determine priority between subordinated claims, subject to the insolvency rules as interpreted in their contractual…

Insolvency Act 1986, section 212 is not confined to claims alleging that the respondent personally owed and breached a duty to the company. Its alternatives…

A will is construed in the same way as other documents, by identifying the meaning of its words in their documentary and factual context, including the…

An adjournment application made shortly before a fixed hearing will be strongly disfavoured where the applicant had earlier opportunities to raise the issue…

Where a Part 36 offer and the judgment are expressed in the same foreign currency, the comparison under Civil Procedure Rules 1998 r 36.17 is made by reference…

Summary judgment and strike-out are inappropriate where the pleaded claim has a realistic, rather than fanciful, prospect of success and unresolved evidence…

In assessing damages for breach of warranties on a share sale, the usual measure is the difference between the value warranted and the true value at the date…

The court has a wide discretion to award indemnity costs where the conduct of proceedings takes the case outside the norm of ordinary and reasonable…

An appeal does not automatically stay an order or decision of the lower court. A party seeking a stay must apply to the appropriate court. An adjournment of a…

A director’s power to allot shares in a private company remains subject to statutory pre-emption rights and fiduciary duties. An allotment made to himself…

An adjournment of a trial should be granted where proceeding would make the trial unfair. Fairness is assessed in all the circumstances and by reference to the…

In estate litigation, the claimant who obtains the substantive relief is ordinarily the successful party, but the court may make a different costs order after…

A court deciding consequential issues after liability may determine quantum without a further hearing where the trial was not split, the evidence is…

Proprietary estoppel requires a sufficiently clear assurance concerning an interest in land, reliance, detriment and unconscionability. Detriment is assessed…

A general civil restraint order requires persistent issuing of claims or applications that are totally without merit, where an extended civil restraint order…

A claim involving an artificial neural network is not necessarily a claim to a computer program merely because software is used to train or emulate the…

An application for an interim remedy within an existing claim is not itself a separate claim for the purposes of CPR Part 38. Deliberate non-pursuit of the…

Under Part I of the Landlord and Tenant Act 1987, a default notice need not follow a prescribed form. It is sufficient if, read purposively, it clearly informs…

At a restructuring-plan sanction hearing, the court should ask whether the statutory requirements have been met, creditors were fairly represented and acted…

For a bankruptcy petition to be dismissed, the debtor must show a genuine dispute on substantial grounds, analogous to the realistic-prospect test under Civil…

Permission to appeal requires a real prospect of success or another compelling reason. A judge is not required to apply a separate rule that allegations of…

An anti-suit injunction requires a sufficient threat of foreign proceedings amounting to abuse, assessed in the particular circumstances. The court should not…

A defendant who acknowledges service stating an intention to contest jurisdiction must make the required application within the prescribed period. Failure to…

For a scheme convening hearing, a foreign company may propose a scheme where the statutory requirements are met. An arrangement requires a compromise of…

Extended disclosure in a copyright damages inquiry must be directed to genuine Issues for Disclosure and must remain reasonable and proportionate. Identifying…

The court has a broad discretion to extend an administration, but must exercise it judicially and on the evidence. Where a company is in distribution mode…

A contractual right to extend a fixed-term agreement may be exercisable repeatedly where the wording, read in context, gives effect to successive extensions.…

On an appeal from a trade mark invalidity decision, the appellate court must address the correct marks, goods and services, and statutory test. A well-known…

Whether to adjourn a trial depends principally on whether proceeding would be fair in all the circumstances. The assessment is fact-sensitive and must consider…

Default judgment may be entered against one defendant where the claim can be dealt with separately, even though a related claim remains pending against another…

A respondent’s entitlement to costs after settlement or discontinuance depends on the substance of its role, rather than its procedural label. A respondent…

A concerted practice requires coordination between undertakings, conduct on the market pursuant to that coordination, and a causal connection between them. A…

Mesne profits for trespass to land are ordinarily assessed by reference to the property’s ordinary letting value. The claimant need not prove that it would…

In probate litigation, costs ordinarily follow the event. Departure from that rule requires a positive case under the recognised exceptions: the deceased or…

Permission to appeal should be refused where the proposed appeal has no real prospect of success and there is no other compelling reason for an appeal. In…

The appointment of a provisional liquidator is an exceptional and potentially fatal interim remedy. On a without notice application, the petitioner must show a…

A will is generally proved by establishing due execution and testamentary capacity, but capacity, knowledge and approval, undue influence and fraudulent…

A party abuses court process when proceedings are used for a purpose or in a manner materially different from their ordinary and proper use. The jurisdiction…

The shareholder principle remains recognised: in proceedings between a company and its shareholders, the company may be unable to assert privilege over legal…

Applications to strike out or obtain reverse summary judgment should be used cautiously where pleaded allegations concern developing law, disputed evidence…

Permission to amend pleadings at a very late stage should be refused where the applicant cannot show a good reason for delay and the amendment would introduce…

After dissolution of a limited partnership, a cause of action accruing before dissolution remains a partnership asset until pursued, realised or assigned.…

In restructuring-plan proceedings, disclosure is governed by a pragmatic and proportionate approach. The court considers the information already provided, the…

In determining the terms of a charitable appeal, the court must ascertain objectively the intention of the donors and lenders from the terms on which…

Appointment of an interim receiver under section 286 of the Insolvency Act 1986 requires the court to be satisfied that the debtor cannot pay its debts, that…

A director of an insolvent company must consider the interests of its creditors as paramount where insolvency is imminent or probable. Payments to the director…

On a summary-judgment application, the court may decide a short point of law or construction where the evidence is sufficient and there is no realistic…

For a scheme meeting, a class should include creditors whose rights are not so dissimilar that they cannot consult with a view to their common interest.…

An arbitral award labelled interim may be an award for statutory challenge purposes where it finally determines substantive issues, even if costs or precise…

At a restructuring-plan convening hearing, the court should decide matters properly before it wherever possible and should not routinely defer them to…

A winding-up petition should not be used to determine a genuinely disputed debt. The company need only show a dispute raised in good faith and on substantial…

A contractual restriction on giving notice of termination during a protected period does not, without clear wording, restrict a separate right to terminate…

A fixed trial date should rarely be adjourned. The applicant should identify a change of circumstances unknown when the trial was fixed and apply promptly. The…

When default judgment is entered following a procedural error in using a request rather than an application, the claimant is not thereby taken to have…

The court may order a party who has succeeded in the litigation to pay costs jointly and severally with a company only where that result is just in all the…

In urgent proceedings concerning funeral arrangements, the court may make a provisional assessment of disputed evidence without determining the ultimate…

A representation that a refinancing is a “done deal”, or that enforcement of a guarantee presents little or no risk, will ordinarily be a prediction, opinion…

Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 governs contracts for the future creation or transfer of interests in land. It does not…

Fraudulent misrepresentations that induce a contract remain actionable despite an entire-agreement or non-reliance clause unless the contract uses clear words…

The court may permit an issued application to be withdrawn under rule 3.1(2)(m) of the Civil Procedure Rules 1998, subject to appropriate terms, including…

Permission to amend pleadings is discretionary. The court must balance the injustice of refusing the amendment against prejudice to the opposing party and…

A mistaken discharge of security may be rescinded in equity where the claimant made a distinct, causative mistake as to fact or legal effect, and the mistake…

An allotment of shares occurs when a person acquires an unconditional right to be entered in the company’s register of members. A later directors’ resolution…

Where substituted personal representatives incur costs in an application for directions, those costs may ordinarily be paid from the estate. The court may…

An applicant cannot obtain an injunction restraining office-holders from dealing with company property without a properly constituted claim by the company. A…

At a convening hearing for restructuring plans, the court must determine whether there are jurisdictional or practical obstacles to convening creditor…

A contract for the sale of land is invalid under section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 unless one signed document contains…

Interim relief under Companies Act 2006 s 994 may include temporary removal of directors and appointment of replacements where the court has jurisdiction under…

In construing trust deeds and bond conditions, the court must ascertain the objective meaning of the language read as a whole and in context. Commercial sense…

Under section 111(3) of the Financial Services and Markets Act 2000, the court has a broad discretion whether to sanction an insurance business transfer…

An application to court for an administration order by “the directors” requires authorisation by all or a majority of the board acting through a validly…

When construing a will, the court may consider the surrounding circumstances known to the testator when the will was made. Physical features, plans and the…

Patent claims must be construed objectively and purposively through the eyes of the skilled person, using the description, drawings and common general…

Trade mark protection does not confer a monopoly over descriptive or allusive elements. Likelihood of confusion must be assessed globally through the eyes of…

At a scheme convening hearing, the court considers whether notice, jurisdiction, class composition and meeting arrangements are adequate, and whether it is…

Under section 41(1) of the Trustee Act 1925, the court may appoint a replacement trustee where doing so is expedient and it is inexpedient, difficult or…

Under section 41(1) of the Trustee Act 1925, the court may appoint a new trustee where appointment is expedient and it is difficult, inexpedient or…

A contempt application may be determined on the respondent’s admissions where the admitted conduct establishes breach of an injunction. A contempt sanction has…

Cross-examination may be ordered to police a freezing order where the respondent has failed to provide the information and evidence required by the order, and…

Permission to appeal requires a ground with a real prospect of success. A proposed appeal that merely re-argues matters fully considered at trial will not…

At the convening stage of a scheme, the court ordinarily considers class composition and jurisdictional or other issues which would unquestionably prevent…

A trial should proceed despite a pending application for permission to appeal a case-management decision unless the circumstances justify a stay or…

For a creditors’ voluntary liquidation to be valid, the required resolution must be passed with the participation of those who are members according to the…

In unfair prejudice proceedings, the court may grant interim injunctive relief under Companies Act 2006, sections 994–996, to protect company assets and make…

An appellate court should interfere with a case-management, costs or adjournment decision only where the decision was wrong, unjust because of a serious…

For class composition in a scheme, the court must compare the creditors’ legal rights against the company before and under the scheme. Differences in the…

An oral agreement to offer a future lease is not necessarily an agreement for a lease. Where the future tenant is not yet a party and the agreement provides…

A claim under the Inheritance (Provision for Family and Dependants) Act 1975 is personal to the applicant and does not survive the applicant’s death. A person…

Companies Act 2006, section 69 operates prospectively. It may regulate the future use of a company name registered before the section came into force, without…

Sentencing for civil contempt requires a structured and proportionate assessment of culpability and harm, followed by consideration of mitigation. An early…

A sole director must have reached an actual decision before purported company filings can validly record the appointment of directors or allotment of shares.…

Permission for collateral use of documents disclosed in civil proceedings should be granted only where special circumstances provide a cogent reason, and the…

A contractual bonus or commission scheme which requires an employee to remain in employment for a specified period, but does not restrict where or for whom the…

Relief from the forfeiture rule may be granted where, having regard to the offender’s and deceased’s conduct and all material circumstances, justice requires…

A winding-up petition should not be advertised where the company raises a good-faith, substantial dispute about the whole petition debt, or enough of it to…

When settling the terms of a new business tenancy under the Landlord and Tenant Act 1954, the court must balance the tenant’s need for security of tenure…

A litigant cannot use consolidation, revocation or transfer applications to re-run a legal argument determined by a final order. The proper route to challenge…

A person who is not currently registered as a company member lacks standing to obtain relief under section 994 of the Companies Act 2006. That does not mean…

In a share valuation under Companies Act 2006, the court must determine a value that is fair and sensible in all the circumstances. A single joint expert’s…

Expedition of a trial requires real, objectively viewed urgency. The court must assess that overriding question against good reason for expedition…

A bankruptcy petition based on rent arrears cannot be presented while Landlord and Tenant Act 1987, section 48 has not been complied with. Until the landlord…

Proprietary estoppel requires an assurance relating to property, reliance on that assurance, detriment and unconscionability. The assurance must be assessed…

For a hard bar date to close a client money pool, the court must be satisfied that the administrator has taken all reasonable measures to identify and contact…

Interlocutory applications must not be used to re-litigate arguability issues already determined on a freezing-order application. The abuse jurisdiction…

An agreed exception in a proprietary freezing order allowing expenditure on reasonable legal fees is construed according to its natural meaning and is not…

CPR Part 18 is a broad case-management power. It may require information strictly necessary for a party to understand and prepare for the case it must meet at…

A professionally drafted release may compromise unknown fraud claims without using the word fraud. The court must construe the release by a unitary assessment…

Proprietary estoppel may arise from informal family assurances understood in their context. The essential elements are sufficient assurance, reliance and…

At a convening hearing for a restructuring plan, the court does not determine the plan’s merits or fairness. It considers whether the statutory jurisdictional…

Summary judgment or strike out is inappropriate where the claim raises substantial factual disputes, credibility issues, developing legal questions, or matters…

A non-commercial relationship between co-borrowers does not, by itself, put a mortgage lender on inquiry about undue influence. The O’Brien principles require…

Section 423 of the Insolvency Act 1986 requires proof that a transaction at an undervalue was entered into for a prohibited purpose. The purpose need only be…

In civil fraud claims, the standard of proof remains the balance of probabilities. Serious allegations require careful assessment of the evidence, but not a…

Costs ordinarily follow the successful party. Failure on some issues does not, without more, justify departing from that rule. An issue-based adjustment may be…

On a summary judgment application, the claimant must show a realistic, rather than fanciful, prospect of success. The court must avoid a mini-trial but may…

On strike out and summary judgment applications, the court must distinguish between a difficult case and one with no realistic prospect of success. Disputed…

Under sections 15A and 15B of the Company Directors Disqualification Act 1986, a compensation order may be made where disqualification-related conduct caused…

A member petition under Companies Act 2006, section 994, succeeds where company affairs cause prejudice to the petitioner’s interests as a member and that…

CPR Part 36 can apply to insolvency directions proceedings where the substance is hostile litigation involving adverse claims. The procedural form of an…

A common intention constructive trust may arise where there is an agreement about property ownership, reliance on that agreement, detriment, and…

A specific devisee is generally entitled to the benefit of devised property from the testator’s death and must bear expenses attributable to that property.…

Summary judgment is appropriate only where the opposing party has no real prospect of successfully defending the claim and there is no other compelling reason…

A regularly entered default judgment for tax debt will not be set aside under CPR 13.3 where the proposed defence seeks to reopen assessments which have become…

Costs ordinarily follow the event. The fact that an appeal was finely balanced does not, without more, displace that rule. Costs of an appeal are expressly…

A communication’s “without prejudice” status is determined objectively. The court considers its drafting, context and the view of a reasonably minded…

Permission to amend pleadings and join a claimant may be granted where the proposed claims disclose a real prospect of success and the objections based on…

Permission to continue a derivative claim involves a two-stage process. At the second stage, the court must make an overall, provisional assessment of the…

Where existing legal trustees create a significant risk of conflict, deadlock, self-interest or failure to protect beneficiaries, the court may remove them and…

For service of a statutory demand, the creditor must do all that is reasonable to bring it to the debtor’s attention. The test does not require every…

An oral remuneration agreement is construed from the parties’ words, conduct and commercial context. Where payment is conditional on achieving improved terms…

Vulnerability and a seriously disadvantageous transaction do not, without more, establish presumed undue influence. The claimant must show a relationship of…

Permission to amend pleadings late requires a proper balancing exercise. The applicant must show that the amendment is arguable, properly particularised and…

At the prima facie stage of an application for permission to continue a derivative claim, a company which volunteers submissions or attendance will not…

On summary assessment, the court must adopt a broad-brush approach rather than conduct a line-by-line detailed assessment. Guideline hourly rates are broad…

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

A company register cannot validly be amended by directors acting without the quorum required by the company’s articles. A director’s absence or lack of…

When sanctioning a restructuring plan under Part 26A of the Companies Act 2006, the court must consider statutory compliance, class constitution and voting…

A land-sale contract is enforceable under section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 only where the statutory writing and signature…

A court may correct an obvious drafting mistake in a commercial agreement where the mistake and the required correction are sufficiently certain. The…

Applications for extended disclosure under Practice Direction 57AD require a focused, fact-sensitive assessment. The applicant must show that the proposed…

On a summary judgment application involving the construction of a lease, the court may decide a short point of construction where it has the necessary evidence…

For a contingent Part 20 claim supporting a freezing order, the applicant must show a good arguable case on the claim as a whole. That requires consideration…

For a non-money claim, default judgment is not automatic merely because the procedural conditions are satisfied. The court must scrutinise whether judgment…

The court’s jurisdiction to remove trustees is governed by the welfare of the beneficiaries as a whole. The court considers all the circumstances, including…

A banking business transfer scheme may be sanctioned where it satisfies the statutory definition, the required regulatory certificate has been obtained, and…

A settlement agreement may be enforced by an order equivalent to specific performance where a party breaches obligations to transfer property or fails…

A Part 36 offer is interpreted objectively against its wording and relevant background. It may propose an outcome which the court could not itself order after…

A defective debenture may nevertheless support the appointment of administrators where the court can imply an omitted enforceability term. The term must be…

Where parties cannot agree on a jointly instructed expert, the court may appoint the most suitable candidate from those proposed. Suitability is assessed by…

Permission to appeal requires a real, rather than fanciful, prospect of success, unless there is another compelling reason for the appeal to be heard. A stay…

Costs protection for a probate defendant who gives notice under CPR r57.7(5)(a) depends on both giving and complying with that notice. A defendant must put the…

Proprietary estoppel requires an assurance of a proprietary interest, reasonable reliance and detriment, assessed in the round rather than as watertight…

On an appeal concerning proof of interest in a liquidation, a creditor cannot rely on the Late Payment of Commercial Debts Interest Act 1998 for interest…

A trust deed may confer a broad discretionary power to appoint trust funds even after the company becomes insolvent and the trust’s insolvency distribution…

Rectification of a voluntary instrument requires convincing evidence, assessed on the ordinary civil standard, that the instrument fails to record the maker’s…

Where parties deliberately mislabel a purchase transaction to obtain a tax advantage, the court must determine its true substance rather than enforce the…

False statements of satisfaction concerning company charges may be rectified where the underlying secured debt remains unpaid. Legally incorrect filings…

On an application to vary a freezing injunction to permit the sale of assets and use of the proceeds for legal expenses, the defendant bears the burden of…

Trade mark infringement through internet advertising must distinguish between invisible keyword use and visible use in advert text. Bidding on a competitor’s…

Where proceedings are settled before trial, the court must first decide whether it has a proper factual basis for making any costs order. If the facts remain…

In construing historic conveyances, the validity principle permits a construction favouring validity only where the rival construction is realistic. It cannot…

An anti-suit injunction may be granted where foreign proceedings are unconscionable, including where they are vexatious or oppressive or constitute a…

Applications to amend a claimant group after expiry of a limitation period require both a statutory or procedural gateway and the exercise of discretion. A…

Where a company’s director and shareholder controls a management company whose signature is required to complete an interlocking lease transaction, the court…

A contractual discretion requiring a party to be satisfied about an expert determination is subject to an implied obligation to act rationally, in good faith…

An administration order may be made where the company is registered under the Companies Act 2006, is or is likely to become unable to pay its debts, and the…

A director who transfers company assets to a company he controls, while the company is insolvent or approaching insolvent liquidation, must justify the…

A contractual disciplinary body must act within the powers conferred by its governing contract and must conduct a due enquiry. An erroneous legal approach, or…

A mandatory interim injunction for delivery up of company accounting records may be granted where there is a serious issue as to a director’s right to inspect…

On a trustee blessing application, the court examines whether the proposed exercise of power is lawful, within the trustees’ powers and consistent with…

Trustees must be ready to account for trust assets, but the duty does not necessarily require formal annual financial statements. The appropriate form and…

The iniquity exception removes legal professional privilege from communications or documents used in furtherance of fraud or equivalent underhand conduct. The…

A scheme may be a collective investment scheme under section 235 of the Financial Services and Markets Act 2000 despite fixed contractual returns or…

The word “interests” in a pension-scheme amendment power may protect more than benefits already earned. For active members, it can include the terms governing…

Under an intercreditor agreement, conditions governing releases on a distressed disposal are construed by reference to the agreement’s language, structure and…

Time limits for serving a claim form are strict. After the relevant period has expired, an extension is unavailable unless the conditions in CPR rule 7.6(3)…

The Companies Court will restrain presentation of a winding-up petition where the petition is abusive, bound to fail, or founded on a debt disputed on genuine…

On an application for summary judgment concerning limitation, a claimant may rely on Limitation Act 1980, section 32(1), only if there is a realistic prospect…

For security for costs, the threshold in CPR 25.13(2) is satisfied where there is reason to believe that the claimant may be unable to pay an adverse costs…

Indemnity costs require conduct or circumstances taking the case out of the norm, assessed in the court’s wide discretion and having regard to all the…

In costs budgeting, the court assesses whether disputed future costs fall within a reasonable and proportionate range. The exercise is prospective and is not a…

A company director’s power to dispose of company property must be exercised for a proper purpose and in good faith to promote the company’s success. A…

A fund manager must exercise due care when selecting investments, having regard to the fund’s liquidity obligations and redemption terms. A power to invest in…

Where a claimant relies on specific individuals or entities as potential purchasers, those persons must be identified in the statement of case.…

At the convening stage of a restructuring plan, the court considers whether the proposed creditor classes are properly constituted by comparing creditors’…

A bankruptcy creditor may obtain permission under section 285(3) of the Insolvency Act 1986 retrospectively where the proposed proceedings do not prejudice the…

The Commercial Rent (Coronavirus) Act 2022 confers substantive rights concerning relief from protected rent debts independently of its statutory moratorium on…

In a contested probate claim, the propounder must establish testamentary capacity and knowledge and approval. A duly executed will prepared and explained by an…

Where several actions turn on a common factual issue, the court may adopt a hybrid case-management solution. Parties willing to be bound by the determination…

Findings of fact made by another court are inadmissible in a subsequent trial as evidence of their truth. A party cannot avoid that rule by pleading earlier…

On an application for permission to serve insolvency proceedings out of the jurisdiction, the merits threshold is whether there is a serious issue to be tried…

Sanction for civil contempt should reflect both punishment and, where possible, an incentive to secure compliance or reduce the prejudice caused by the breach.…

A public-sector landlord’s public sector equality duty is a duty of substance, rigour and open-minded consideration, but it need not be discharged through one…

At the prima facie stage of a statutory derivative claim, the applicant must show, on its evidence, a prima facie case for permission to continue. The court…

The court may restrain presentation of a winding-up petition where the alleged debt is disputed on substantial grounds or where the debtor has a genuine and…

Unfair prejudice requires proof that the impugned conduct concerns the company’s affairs, causes prejudice to the petitioner as a member, and is unfair. In a…

Sentencing for contempt is fact-specific. The court must assess the contemnor’s culpability and the harm caused, intended or likely to be caused, together with…

Contempt based on a false statement verified by a statement of truth requires proof beyond reasonable doubt that the statement was false, that the maker had no…

Permission to appeal requires either a realistic, rather than fanciful, prospect of success or another compelling reason for an appeal. Allegations of bias are…

The doctrine of mutual wills requires a clear agreement, contractual or akin to contractual, that the wills will remain unaltered. A common intention…

The court granted relief from sanctions where the failure to serve a pleading was trivial, caused by the opponent withdrawing an agreed timetable shortly…

After a trial, the court may admit further evidence where it is likely to assist in resolving the issues, despite the principles of finality and the ordinary…

In assessing trade mark infringement in a crowded market, the court must consider the mark and sign as wholes, including their similarities and differences.…

In assessing equitable compensation where a claimant has recovered sums from several sources, the court must prevent double recovery while allowing proper…

Under section 994 of the Companies Act 2006, prejudice must be substantial and must be unfair. A procedural defect is insufficient where proper compliance…

A purchaser’s equitable lien for payments made under a contract to acquire an estate in land arises by operation of law where there is an enforceable contract.…

A winding-up petition should not be used to determine a genuine and serious dispute about the petition debt or a substantial cross-claim. The company must…

Loss caused by diversion of a contract is assessed by identifying the net profit the claimant company would have made had it retained the contract. The…

Where a company is actually insolvent because its solvency depends on successfully resisting a current liability, the creditor duty arises if the directors…

Where a will last traced to the testator’s possession cannot be found, the presumption of revocation is not a rigid rule. The court must assess the evidence as…

At a convening hearing for a restructuring plan, the court determines jurisdictional and class-composition issues, not the fairness or merits of the plan. A…

The court has a broad discretion when deciding whether costs should be assessed on the indemnity basis. A failed claim, or rejection of a reasonable settlement…

Knowledge and approval of a will is determined by a single question: whether the testator understood what the will contained when signing it and what its…

A shareholder authorised to bring a derivative claim is ordinarily treated as the company’s agent and may ultimately obtain an indemnity for properly incurred…

Following a trigger event in a securitisation, noteholders may direct the issuer to exercise a contractual power to remove and replace a fiscal agent where…

On an application to amend a petition, the proposed case must be more than merely arguable. It must carry a degree of conviction, be coherent and properly…

The tort of inducing or procuring breach of contract requires more than conduct which merely makes contractual performance impossible. The defendant must…

An administration order may be made where the applicant has standing as a creditor, the company is unable, or is likely to become unable, to pay its debts, and…

A will is valid if the testator understood the nature and effect of the act, the extent of the property, and the claims to which effect should be given, and…

Marriage does not, without more, confer a beneficial interest in property owned by the other spouse. A common intention constructive trust requires a common…

A Part 26A restructuring plan may compromise claims held by creditors who are out of the money in the relevant alternative without providing them with valuable…

A claimant must prove, on the balance of probabilities, that a trustee acted outside the trust’s purposes or authority. Where the evidence concerning the…

The court’s supervisory jurisdiction over trusts is confined to the administration of the trust and the relationship between trustees and beneficiaries or…

The exercise of a fiduciary power of sale is invalid where its dominant purpose is to exclude beneficiaries from any possible surplus, unless the circumstances…

Part 36 is a self-contained and prescriptive regime. An offer qualifies only if it relates to the whole or part of a pleaded claim, or to an issue arising in…

Summary judgment is inappropriate where the construction of a contractual notice depends materially on disputed background facts and evidence likely to be…

A Court of Protection deputy who engages solicitors to provide professional services for the protected person does not assume personal liability merely because…

On an appeal against a chair’s decision admitting a creditor’s proof for voting purposes, the court determines the debt afresh on the balance of probabilities.…

Under Part 26A of the Companies Act 2006, cross-class cram down may be used where Conditions A and B are met. Condition A requires the plan company to…

Where a proprietary tracing claim raises a controversial question in a developing area of law, the court should ordinarily avoid strike out or summary…

In an annulment-related costs decision, the court must identify whether the bankruptcy order was properly made and exercise its costs discretion in light of…

Under rule 7.17 of the Insolvency (England & Wales) Rules 2016, the court may substitute a supporting creditor as petitioner before finally determining a…

For bankruptcy jurisdiction, an individual debtor’s centre of main interests must be assessed at the date the petition is presented. The court must conduct a…

A contractual confidentiality obligation may protect a valuable commercial interest in property even where the claimant has no proprietary interest in the…

An unless order requiring payment of a court fee may be complied with by lodging, before the deadline, a completed application for fee remission which is…

When sanctioning a scheme of arrangement, the court must identify the appropriate comparator and assess whether the scheme is one which an intelligent and…

In an expedited patent infringement claim, the court may require a party responding to a Notice of Experiments to address the accuracy of a litigation model…

A fraudulent misrepresentation entitles a party to rescind a contract where the representee had no relevant knowledge of the fraud and restoration of the…

A court of coordinate jurisdiction may revoke or vary an earlier order under CPR rule 3.1(7), but that jurisdiction is not an appeal jurisdiction. For an…

In an application to cancel a mental health crisis moratorium, the court may direct focused disclosure and expert evidence where those steps are reasonably…

Summary judgment is inappropriate where the evidence gives a defendant a real prospect of establishing an interpretation or rectification case requiring…

Summary judgment is inappropriate where material factual disputes require disclosure and cross-examination, including disputes about whether a payment was made…

Applications to add a party or introduce a new claim after expiry of limitation are governed by Limitation Act 1980 section 35 and the relevant Civil Procedure…

The High Court’s power to intervene in a commons register is confined by the statutory scheme. It cannot correct or clarify an entry where the matter…

On an application to sanction a scheme of arrangement, the court applies a four-stage analysis: statutory compliance; fair representation and bona fide voting…

Where copyright infringement is established, an injunction remains the prima facie remedy. A defendant seeking damages in lieu must satisfy the court that an…

For the purposes of an unfair-prejudice petition, conduct must be assessed against the company’s constitution, the parties’ agreements and the relevant…

At the convening stage of a scheme application, the court asks whether there is any obvious and insurmountable jurisdictional impediment. An overseas company…

A judgment may be set aside for fraud despite the finality principle and the rule against collateral attacks. The claimant must show conscious and deliberate…

Release of assets subject to a proprietary freezing injunction requires a staged inquiry. The applicant must show an arguable claim to the funds, an arguable…

Exercising a call option creates a new contract for sale and purchase. The option itself is spent and cannot subsequently lapse. Time is ordinarily not of the…

Security for costs under CPR Part 25 involves two stages. The applicant must first prove, on the balance of probabilities, that a statutory gateway applies.…

A common intention constructive trust may arise where the parties objectively intended shared beneficial ownership and the claimant acted to their detriment in…

For supplementary protection certificates, “the product” has the same meaning throughout the SPC Regulation: the active ingredient or combination of active…

Where a court has granted permission in principle for a transaction, a later application to give effect to that permission should not ordinarily be treated as…

Testamentary capacity remains governed by the common-law test in Banks v Goodfellow, rather than the decision-making test in the Mental Capacity Act 2005.…

Section 37 of the Pension Schemes Act 1993 rendered void any amendment to the rules of a contracted-out salary-related scheme relating to section 9(2B) rights…

At a restructuring-plan convening hearing, the court considers notice, jurisdictional conditions, obvious obstacles to sanction and class composition, but not…

Legal title to shares generally remains with the persons entered, or entitled to be entered, in the register of members. Beneficial ownership may nevertheless…

A court order requiring compulsory transfer of a registered freehold can constitute an equitable interest in land from the moment it is made. The order’s…

On an application for reverse summary judgment, the defendants must show that the claim has no realistic prospect of success. A claim is fanciful where it…

On completion of a valid share sale, the vendor holds the shares on trust for the purchaser pending registration. After payment, the vendor is ordinarily a…

Derogations from open justice, including confidentiality restrictions, are justified only where strictly necessary to secure the proper administration of…

Permission for collateral use of documents disclosed under compulsion depends on whether the interests of justice favour use outside the proceedings in which…

For bankruptcy jurisdiction, a place of residence is assessed by the quality and factual reality of the debtor’s connection with the place. An address, family…

A lender may waive a contractual non-residence requirement by election where its agent knows, before drawdown, that the secured property is occupied and the…

Informal dealings and expectations of a discretionary bonus do not, without more, establish a binding profit-sharing contract. The court assesses intention…

Proprietary estoppel requires a sufficiently clear assurance, reasonable reliance and detriment causally connected with that reliance. Detriment is evaluated…

In a special energy company administration, remuneration must be fixed by reference to the time properly given by the administrators and cannot be assessed by…

Indemnity costs require conduct or circumstances taking the case outside the norm. Unsuccessful fraud or dishonesty allegations do not automatically justify…

A declaration under article 61A of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 must identify the relevant statutory…

An interim costs order creates a liquidated sum capable of founding a statutory demand, even where the amount remains subject to detailed assessment. A debtor…

A case-management stay to await related foreign proceedings is exceptional. It requires rare or compelling circumstances and must be justified by the interests…

Summary judgment should be granted only where the evidence and legal issue permit a reliable final determination without a trial. The court must assess whether…

Administrative restoration requires the statutory conditions in Companies Act 2006 section 1025 to be satisfied. A company is not “in operation” merely because…

An unless order making continuation of litigation conditional on payment of an earlier costs order is a discretionary sanction. The court must first determine…

A carefully drafted shareholders’ agreement may reserve defined areas of company activity to shareholder approval, even though day-to-day management remains…

Where a contract gives a party access to defined information, the obligation must be construed by reference to the contractual language and the agreement as a…

For the purposes of the Rome II Regulation, art 4(1), the relevant place is where direct damage occurs. It is not necessarily where the conduct occurred or…

An object of a fiduciary mere power of appointment may have an interest in trust assets, even though the object has no vested right to possession or enjoyment…

Permission to amend a defence is a broad case-management discretion governed by the overriding objective. The court considers the timing and history of the…

A party seeking a without-notice freezing order must make full and frank disclosure of all material facts, assessed objectively by the court. Proper inquiries…

Under section 69(5) of the Arbitration Act 1996, an application for permission to appeal an arbitral award may be determined either on paper or at a hearing.…

An indemnity costs order is justified where conduct of the proceedings takes the case outside the norm. Knowingly advancing coordinated false evidence…

At a scheme-sanction hearing, the court must address four questions: statutory compliance; fair representation and bona fide voting for proper purposes…

Permission to pursue a derivative claim on behalf of a foreign company may remain available at common law, notwithstanding the statutory derivative-claim…

A joint venture or corporate relationship does not automatically create fiduciary duties. The question is fact-sensitive and objective. Duties may arise where…

A group reorganisation is characterised by its true substance and purpose, not by the labels attached to individual transactions. Transfers between group…

For deliberate concealment under Limitation Act 1980, time begins when the claimant knew, or could with reasonable diligence have known, facts giving a…

The court may approve a modification to a scheme of arrangement extending its longstop date before the existing date expires. Where regulatory investigations…

For an application for interim delivery up of property, the court should apply the principles governing interim injunctions where the claim is contractual…

Tax grossing-up clauses are construed according to the objective meaning of the contractual language. Where the wording requires payment of a gross sum which…

The stage at which joint-tortfeasor liability issues are tried is a discretionary case-management decision governed by the overriding objective. Although such…

The High Court held that it was bound by the Court of Appeal’s clear observations in Halsey v Milton Keynes General NHS Trust that the court could not compel…

The equitable jurisdiction to award interest must be exercised according to settled equitable principles. Interest is justified where it compensates for lost…

Contempt of court requires proof to the criminal standard that the respondent knew of the order, deliberately performed or omitted the relevant act, and…

An appeal is confined to the issues for which permission has been granted. Permission will not ordinarily be extended at a very late stage where the proposed…

Where a restraint order or confiscation proceedings under the Proceeds of Crime Act 2002 engage disputed beneficial interests in property, those interests…

Under Insolvency Act 1986, section 423, a claim or potential claim need not have a realistic prospect of success, or any particular degree of merit, to qualify…

An order may require a judgment debtor to access pension funds where it does not restrain access to the pension. The court may also require proportionate…

Where an online publication uses a trader’s marks, branding and materials so as to represent itself as the trader’s website, a strong claim in passing off may…

Contractual rights to contingent profit-sharing payments depend on the objective construction of the agreement. Clear language directed to the sale of…

A professionally drawn and registered deed of easement is construed objectively, by reference to its language read as a whole, the physical features known at…

When a claimant has lost at first instance but has permission to appeal, continuation of a freezing injunction requires a real prospect of appellate success…

An agent’s actual authority may be implied from the parties’ common intention, the agent’s express authority over the principal’s money and a consistent course…

For testamentary capacity, the court applies the Banks v Goodfellow test to the particular transaction, including its nature and complexity. A duly executed…

In a directors’ disqualification claim arising from suspected MTIC fraud, the court must determine whether the company was connected with fraudulent VAT…

An entire agreement clause supersedes an earlier agreement only where the earlier agreement relates to the subject matter covered by the later contract. A…

For service of a bankruptcy petition outside the jurisdiction, the creditor must show a good arguable case that a statutory jurisdictional gateway applies. A…

For an application concerning a statutory demand or winding-up petition, the court asks whether the alleged dispute has a real prospect of success and is…

On an appeal from a trade mark opposition decision, descriptiveness must be assessed separately for each service in the specification, unless comparable…

When distributing recoveries under Financial Services and Markets Act 2000, the court must seek a fair and practicable method that advances compensation for…

For a cross-class cram down under Part 26A of the Companies Act 2006, the plan company must prove on the balance of probabilities that each dissenting creditor…

In claims under the Inheritance (Provision for Family and Dependants Act 1975, reasonable financial provision is assessed objectively by asking whether the…

A contract may require an implied term where, without it, the arrangement lacks practical or commercial coherence. Where completion is suspended until a…

In a claim under the Inheritance (Provision for Family and Dependents) Act 1975, the unsuccessful claimant was ordered to pay the active defendants’ costs.…

An alleged general business relationship of equality and trust does not, without more, create fiduciary obligations or an enforceable agreement to share…

A solicitor acting under a conditional fee agreement remains obliged to act in the client’s best interests and to follow the client’s lawful instructions. A…

In a winding-up petition, an exclusive jurisdiction clause in favour of a foreign court does not prevent the English Companies Court from deciding whether the…

Equity will protect a chargor’s right to redeem where sanctions prevent payment directly to the secured creditor. The court may direct payment of the…

A shareholder seeking permission to continue a derivative claim must first establish a prima facie case for permission. This requires a prima facie case that…

On an application for strike-out or summary judgment, the court must consider the pleaded case as a whole. A claim is not confined to the particular allegation…

A lifetime gift is assessed by asking whether the donor was capable of understanding what he was doing if the transaction’s general purport had been explained.…

On summary judgment, the court must decide whether the opposing case has a realistic prospect of success, without conducting a mini-trial. Fanciful factual…

A court construing a will must identify the testator’s expressed intention from the words used, read as a whole and in their admissible factual and legal…

A trustee’s retirement does not, without more, discharge an outstanding obligation to account. The court ordinarily enforces a trustee’s or personal…

Payments made after presentation of a winding-up petition are void under Insolvency Act 1986, subject to validation. Where restitution is sought and the…

Under the Inheritance (Provision for Family and Dependants) Act 1975, reasonable financial provision for a surviving spouse is assessed objectively and by…

Interim injunctive relief will not ordinarily be granted to prevent a company member from exercising a statutory right to request a general meeting where the…

Testamentary capacity in probate proceedings remains governed by the common-law test in Banks v Goodfellow. Sections 2 and 3 of the Mental Capacity Act 2005 do…

When imposing company-director disqualification, the court may postpone the commencement date beyond the usual statutory period only in exceptional…

Permission for a derivative claim requires more than the absence of downside. The court must assess whether continuing the claim could promote the company’s…

A widely drawn exclusive jurisdiction clause may extend to a later agreement where, on proper construction, the later dispute is fairly capable of falling…

Under Misrepresentation Act 1967, a seller’s description of property may represent that it is lawfully capable of being used for the described purpose. An…

A bankruptcy petition may be dismissed where the petitioner seeks withdrawal or dismissal and supporting creditors do not seek substitution or carriage of the…

A regular attestation clause gives rise to a strong presumption that a will or codicil was duly executed. The presumption applies equally to a copy admitted to…

Trustees must keep proper records and account to beneficiaries for what they have done with trust assets. A beneficiary’s right to information and documents is…

Under the Companies Act 2006, s 994, conduct must be both prejudicial and unfair to a protected member interest. In a small quasi-partnership, that interest…

For the purposes of director disqualification, unfitness is assessed holistically. The court must consider the cumulative effect of proven misconduct in the…

Where a contract provides that an expert’s decision is final and binding unless a party serves a notice within a specified period, the court must construe the…

Part 26A does not require the court to sanction a restructuring plan merely because the statutory cross-class cram-down conditions are satisfied. Condition A…

Under section 1 of the Presumption of Death Act 2013, a person outside the specified family relationships may apply for a declaration of presumed death if they…

A fraudulent breach of fiduciary duty requires dishonesty. The claimant must prove that the fiduciary knowingly acted contrary to the relevant interests, or…

A restrictive covenant prohibiting the erection of additional buildings on retained land ordinarily concerns buildings erected in addition to an existing…

A contractual renunciation requires a clear and unequivocal intention not to perform an essential contractual obligation. The question is objective, assessed…

On a civil claim alleging dishonesty, confidentiality breaches and misuse of database information, the applicable standard remains the balance of…

In group litigation, a judgment binds other group claims only to the extent that it determined a specified GLO issue. A judgment that decided particular test…

For an expulsion clause, a serious breach is a material breach which is more than trivial but less than repudiatory. It must have a serious effect on the…

On a forum non conveniens challenge, the defendant must show that another available forum is clearly or distinctly more appropriate than England. The court…

The characterisation of a charge as fixed or floating requires a two-stage enquiry. The court first construes the security documents to ascertain the parties’…

An urgent application to suspend a bankrupt’s discharge may be heard and granted on short service or without service under Insolvency (England and Wales) Rules…

An immediate order debarring a defendant from defending, or an unless order carrying that sanction, is a sanction of last resort. It requires a serious and…

A commercial joint venture agreement must be construed objectively, giving primary weight to its language read in its contractual and commercial context. An…

The court may consolidate closely connected proceedings at an early stage where they are, in substance, a single case and consolidation furthers the overriding…

A charge holder may recover reasonable costs and expenses reasonably and properly incurred in enforcing or preserving security from the charged property…

Under Companies Act 2006 Part 26A, a court may sanction a restructuring plan despite a dissenting class where the statutory conditions are met and discretion…

On an application to substitute security for costs, the court must first determine whether there has been a material change of circumstances. If so, it retains…

Under section 10(3) of the Trade Marks Act 1994, a composite sign must be assessed as consumers encounter it. Distinctive wording does not necessarily…

Relief under Companies Act 2006, s 994 requires conduct of the affairs of the company which is both prejudicial and unfair. A breakdown in relations, deadlock…

Remote evidence from overseas may be permitted where the witness’s evidence is not shown to require attendance in person and practical difficulties can be…

An appeal court may require corroboration where a claimant’s records are materially unreliable, but unreliability does not justify awarding nothing where the…

Failure to satisfy a statutory precondition for presenting a bankruptcy petition does not automatically require annulment of a bankruptcy order. Under section…

A company voluntary arrangement binds the Crown where the relevant government body has received proper notice. A contingent liability exists where an earlier…

A trustee ordinarily appeals a first-instance decision at its own costs risk. The court may authorise indemnification from trust assets where the appeal is in…

Where a contractual default independently entitles a secured creditor to enforce its rights, an injunction cannot be justified by alleged earlier assurances or…

A final foreign judgment of a court with jurisdiction is generally recognised and enforced, subject to established conflict-of-laws defences such as fraud and…

The court has jurisdiction under paragraph 98 of Schedule B1 to the Insolvency Act 1986 to make a conditional order discharging administrators from liability.…

An order for further information under Civil Procedure Rules 1998, rule 18.1, requires more than relevance. The request must concern a disputed matter and be…

A CVA proposal must give creditors sufficient information to make a reasonable judgment about whether it is in their commercial interest. Where a CVA…

On an application to strike out or obtain summary judgment, the applicant must show that the claim is bound to fail or has no real prospect of success and that…

An appellate court should interfere with a discretionary order for security for costs only where the first-instance judge exceeded the permissible ambit of…

Rule 12.1 of the Insolvency Rules applies the CPR and related Practice Directions to winding-up petitions with necessary modifications. Accordingly, Practice…

The court’s equitable power to grant interim injunctions is broad and flexible. The categories of case in which relief may be granted are not closed, and an…

Costs are determined by the overall justice of the case. The unsuccessful party normally pays the successful party’s costs, but the court may make a…

A tenant’s acceptance of forfeiture under an agreement with the landlord may settle any later challenge to the re-entry, the validity of the notice and relief…

Royalty provisions in a professionally drafted patent licence are construed by identifying their objective meaning in the contractual, factual and commercial…

Disclosure orders against foreign banks are exceptional because compliance may infringe foreign sovereignty, confidentiality duties and local law. The court…

For insurance purposes, an act is accidental where it has unintended consequences, unless the consequences were intended or were unintended but inevitable…

A solicitor must exercise the skill and care of a reasonably competent practitioner, including giving advice reasonably incidental to the retainer. Where…

An express right of way granted at all times and for all purposes is not confined to the uses reasonably required when it was created. It may support later…

On an appeal against findings of fraudulent trading and misfeasance arising from MTIC VAT fraud, an evaluative finding of dishonesty will not be disturbed…

Where a will contains an attestation clause and appears to have been duly executed, strong evidence is required to establish invalid execution. The effective…

An application under Civil Procedure Rules 1998, CPR 39.3(5), requires satisfaction of all three conditions: promptness, a good reason for non-attendance, and…

Permission to amend pleadings is a judicial discretion governed by the overriding objective. The court must distinguish a genuinely new defence from…

A non-party costs order under section 51 is discretionary and must be determined justly by an objective, fact-sensitive assessment. A controlling director need…

Permission to make a late amendment depends on where the balance of justice and injustice falls, having regard to the overriding objective. The court considers…

In sentencing for contempt, the court must assess the seriousness of each proved breach and then stand back to ensure that the total sentence is proportionate…

For trade mark infringement based on similarity, the court must first identify some overall similarity between the sign and the registered mark. If similarity…

For an adult child claiming under the Inheritance (Provision for Family and Dependants) Act 1975, maintenance is a broad but limited concept. It concerns…

A defendant must pursue a misrepresentation or rescission case on the basis pleaded. Later events do not, without more, establish that an earlier opinion was…

Adverse possession requires factual possession and an intention to possess, demonstrated by conduct that would make the intention apparent to the paper owner.…

A contingent or prospective creditor may apply for an administration order even where the debt is not immediately payable. Repeated entries in company accounts…

A prescriptive right of way is limited by the extent of the established user. A right to repair does not ordinarily include a right to improve the way by…

In exercising its discretion as to costs under Civil Procedure Rules 1998 Part 44.2, the court may consider which party would probably have succeeded had an…

In trustee directions proceedings, the court should identify the overall successful party using a broad-brush, common-sense assessment of the substance and…

Confidential information may arise from combining public legal and commercial materials where the combination requires specialist skill, effort and judgment…

A claim to rectify a company’s register of members is discretionary. The court may refuse relief because of delay, prejudice, or the claimant’s failure to…

At summary judgment stage, an inference of copyright copying based on similarity must be reasonably arguable. Similarities arising from common dramatic tropes…

When deciding whether to adjourn a disqualification trial, the court must exercise its case-management powers in accordance with the overriding objective. The…

Under section 140A of the Consumer Credit Act 1974, the court must assess the fairness of the particular debtor-creditor relationship in the round. Evidence…

Rectification of a will requires proof that the will fails to give effect to the testator’s intentions because of a clerical error or a failure to understand…

Costs following annulment of a bankruptcy order are governed by an unfettered discretion. There is no presumption that the trustee’s costs must be paid by a…

Costs ordinarily follow the event. A successful party should receive its costs in full unless an issue of conduct has affected how those costs were incurred. A…

An application to release money paid into court is not necessarily an application to vary the order under CPR 3.1(7). Where the order permits payment out by…

An executor may recover sums due to an estate where a surviving partner fails to account for the deceased partner’s interest, or where a beneficiary occupies…

The parties to a commercial agreement are identified by construing the agreement objectively, in its admissible factual context, and by considering what the…

A bankruptcy order may be rescinded only where the statutory discretion is justified by exceptional circumstances or there is a material difference from the…

A winding-up petition may be pursued where the petition debt is not bona fide disputed on substantial grounds. The Companies Court may examine the evidence in…

An application to adjourn a trial is a case-management decision. The court must apply the overriding objective and balance the interests of the parties and the…

A person may be a de facto director where, viewed objectively, he forms part of the company’s corporate governance structure and assumes the status and…

For a resulting or constructive trust, the applicable law is ordinarily the legal system with which the arrangement is most closely connected. The presumption…

Permission to appeal should be refused where the proposed ground identifies no arguable error of law, no factual finding outside the range properly open to the…

On a contributory’s petition under Insolvency Act 1986, winding up on the just and equitable ground is a discretionary remedy of last resort. The court must…

Where an interlocutory application is resolved substantially by agreement without agreement on costs, the court retains a broad discretion. In all but…

For the purposes of Companies Act 2006, s.190, an “arrangement” is inherently flexible and may include a coherent package of agreements, even where the…

On an application under paragraph 81 of Schedule B1 to the Insolvency Act 1986, alleging improper motive is sufficient to found jurisdiction if the allegation…

A contractual material adverse change warranty requires an objective comparison between a reasonable baseline and the actual position at the relevant date. The…

In a special administration, the court may grant final exit relief, including termination of the administrators’ appointment, transfer to dissolution…

The High Court may grant an injunction requiring a judgment debtor to exercise pension rights so that pension benefits are brought into payment and used to…

An amendment deleting causes of action from an issued but unserved claim form may be treated as a discontinuance for costs purposes, even if it is not a formal…

The court will not ordinarily reopen a judgment to admit evidence supplied after the hearing, particularly where the evidence could have been filed earlier and…

Summary judgment may be granted in a fraud or dishonesty case where contemporaneous evidence shows that the defence has no realistic prospect of success. The…

Allegations of fraud, dishonesty, procuring breach of contract, conspiracy and joint tortfeasorship require pleaded primary facts capable of supporting the…

Trustees defending proceedings must distinguish their fiduciary role from their personal interests as members or beneficiaries. They must avoid conflicts and…

Strike out and summary judgment are distinct but overlapping safeguards. A pleaded case should be struck out only where it discloses no reasonable grounds, and…

On an application for default judgment, the court may grant declaratory relief without inter partes argument in a clear case, provided it proceeds on the…

Finality is a strong factor against reopening a final contempt judgment. It may be displaced where compelling new evidence creates a real risk of injustice…

Payments directed by an insolvent company to an associated third party may be transactions entered into by the company for the purposes of section 238 of the…

A release of an equitable interest is not a transaction at an undervalue where it is made in return for the other party obtaining the use of money of…

A written statement in a skeleton argument may constitute an admission under CPR rule 14.1 where it accepts the truth of the opponent’s claimed entitlement…

Where a will appears properly executed and contains the testator’s apparent wishes, the court should require strong evidence before finding that it was not…

An extended civil restraint order may be extended where the court considers that extension appropriate. The threshold conditions for making an order under…

For contractual purposes, repayment of a debt is not confined to the transfer of cash. It may be achieved by set-off, release or compromise where the creditor…

Where property is registered in joint names, beneficial ownership is presumed to follow the legal title. The party seeking to displace that presumption must…

In a probate claim alleging that a will is forged, apparent regularity gives rise only to a rebuttable presumption of due execution. Once sufficient evidence…

Costs of freezing-order applications are not subject to the general approach applicable to ordinary interim injunctions. A freezing order protects assets in…

Knowingly false copyright complaints made to an online platform may constitute malicious falsehood and fraudulent unlawful means where they are intrinsically…

A mutual-wills agreement is contractual before equity imposes any constructive trust. Its validity is therefore tested by the equitable doctrine of undue…

When preferred shares are converted into ordinary shares, the court must consider the substance and effect of the transaction. If the conversion extinguishes…

Applications for relief from sanctions are determined by the three-stage approach in Denton v TH White Ltd: assess the seriousness and significance of the…

For an insolvency statutory demand, a debt is disputed on substantial grounds only where the applicant identifies a genuine triable issue with a real prospect…

A restructuring plan may be sanctioned by cross-class cram down where a dissenting class meeting was duly summoned but only one creditor, or no creditor…

A contractual expert-determination procedure must be invoked in accordance with the parties’ agreement. Where rights under the contract have vested in a…

An appeal from a specialist tribunal is ordinarily a review, not a rehearing. Appellate intervention in primary facts and evaluative conclusions is justified…

The statutory right of first refusal regime does not create a self-contained title-cleansing code. A transfer made pursuant to a Landlord and Tenant Act 1987…

Whether to split a trial is a case-management decision requiring regard to the efficient, proportionate and practical determination of all genuinely…

Fraud or dishonesty must be distinctly alleged, sufficiently particularised and distinctly proved. Pleaded facts consistent with innocence do not adequately…

An insolvency office-holder may sell company property in return for a creditor’s waiver of claims. Such a transaction is not a distribution merely because the…

A deputy High Court judge may make an extended civil restraint order. The relevant test is whether a party has persistently issued claims or applications that…

Under Model D Extended Disclosure, the reference to contemporaneous documents in the disclosure provisions does not exclude documents created after the…

Without notice relief requires a full and fair presentation of the facts, likely defences and practical consequences of the order sought. The duty extends to…

On an application for summary judgment, the court must decide whether the relevant claim or defence has a realistic, rather than fanciful, prospect of success…

A later claim is not barred merely because related relief was sought in earlier proceedings. The court must identify the cause of action and factual basis…

For an administration order, the applicant must establish that the company is, or is likely to become, unable to pay its debts and that administration is…

For service under CPR rule 6.9, an individual named with a trading name is ordinarily an individual being sued in the name of a business. The claim form may…

A contractual restriction preventing a company from voluntarily repaying or prepaying a loan does not, without clear words, alter when the loan becomes due or…

At a convening hearing under Companies Act 2006 Part 26A, the court must balance the urgency arising from a company’s financial distress against the opposing…

In winding-up proceedings, a debtor company may resist the petition by raising a serious and genuine cross-claim which appears to equal or exceed the petition…

Under the Civil Procedure Rules 1998, r 44.2, standard costs remain the default. Failed allegations of fraud or dishonesty are relevant but do not…

On the liquidation of a BVI company, directors cease to have ordinary powers, functions and duties under the BVI Business Companies Act 2004, subject to duties…

A petition under Companies Act 2006, section 994, requires conduct of the company’s affairs which is both prejudicial and unfair. In a family company operated…

For limitation under section 14A of the Limitation Act 1980, a claimant needs knowledge of both the material damage and its attribution to the defendant’s acts…

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

An easement must be construed objectively, primarily by reference to the natural and ordinary meaning of the grant read in its documentary and factual context.…

Where alternative service has been authorised, service may be effective if the claimant has made sufficient efforts to bring the proceedings to the defendants’…

A solicitor may plead unlawful means conspiracy where the client’s instructions and available material provide reasonable grounds for a properly arguable case.…

Proprietary estoppel requires a sufficiently clear assurance, reasonable reliance and substantial detriment. These elements are assessed in the round, but a…

For the statutory revesting regime, a trustee in bankruptcy must be informed, or become aware, of an actual interest in the property falling within section…

At the convening stage of a restructuring plan, the court must be satisfied that the company has taken all reasonable steps to identify and notify its…

A defendant debarred from defending does not suffer automatic judgment in default. The court must still determine whether the claimant has established…

A claim based on misuse of an alleged business plan fails where the claimant cannot prove, on the balance of probabilities, that he conceived the plan…

A mortgagee’s prima facie right to possession is not defeated merely because the mortgagor may have a damages claim or cross-claim. A very late amendment…

A claim may be struck out where the pleaded documents do not identify recognisable causes of action, the defendant allegedly responsible for each cause, or the…

At a convening hearing for a restructuring plan, the court does not decide the plan’s merits or fairness. It considers jurisdiction, the statutory threshold…

An interim payment on account of costs is ordinarily required where costs are subject to detailed assessment. A party’s inability to pay is not, by itself, a…

A person may be a de facto director where, viewed objectively and in the round, he assumes the status and functions of a director and acts as a decision-maker.…

On a forum non conveniens challenge, the defendant must first show that the proposed foreign forum is available and then that it is clearly or distinctly more…

A committal application requires proof beyond reasonable doubt that the respondent had notice of the order, breached it, and knew the facts constituting the…

Under Part 26A of the Companies Act 2006, a restructuring plan requires the company’s consent to join the arrangement. Cross-class cram-down binds dissenting…

The court has a broad discretionary power to stay proceedings under its case-management powers and inherent jurisdiction. A party’s agreement to procedural…

For transitional protection of an early pension under Schedule 36 to the Finance Act 2004, an actual right must be an immediate right subject to no…

A clear compromise agreement governing the distribution of sale proceeds is given effect according to its terms. Where a creditor has security over several…

On an appeal from a trade mark Registrar, the court reviews the decision rather than rehearing the case. It should respect the Hearing Officer’s specialised…

Claims in deceit, breach of agency duties, dishonest assistance and unlawful-means conspiracy require proof of the particular representation, breach…

Proprietary estoppel requires an assurance sufficiently clear to justify reliance. General statements that family members will be financially looked after…

Personal liability of a company director for joint tortfeasance requires more than directorship, control through constitutional organs, or knowledge of an…

Permission under section 17 of the Company Directors Disqualification Act 1986 is discretionary and unfettered. The applicant bears the burden of showing that…

When approving a hard bar date under the special administration regime for payment institutions, the court must be satisfied that the administrators have taken…

A reservation in a conveyance must be construed as a whole and given effect according to its distinct language and function. Where a clause separately reserves…

Costs are determined by a broad, fact-sensitive discretion. The court must first identify the overall successful or more successful party, then decide whether…

Copyright in a file format requires an identifiable work expressed or fixed in material form. The fact that software reads and writes data according to a…

At the first, ex parte stage of an application for permission to continue a derivative claim, a prima facie case is shown where the evidence, taken at its…

In determining costs, the court must identify the winner by applying sensible practical and commercial reality to the substance of the litigation. A party may…

An easement to take water by means of a specified pump carries ancillary rights reasonably necessary for its exercise, including the uninterrupted passage of…

Where a co-debtor pays a secured debt in full, equitable subrogation and Mercantile Law Amendment Law 1856 may entitle that person to the creditor’s surviving…

An unfair prejudice petition must identify conduct of the company’s affairs, or an act or omission of the company, which caused unfair prejudice to the…

A director who causes company money to be paid to himself or for his benefit must explain and justify the payments once the liquidator proves the transfers.…

Permission to serve a winding-up petition out of the jurisdiction requires a good arguable case that the court has jurisdiction, a serious issue to be tried…

On an application under section 366 of the Insolvency Act 1986, the absence of a final order for private examination does not itself make the trustee…

For service of a bankruptcy petition out of the jurisdiction, the court applies Civil Procedure Rules 1998 Part 6 and the jurisdictional gateway in Insolvency…

Further disclosure may be ordered where it is necessary and practically useful to police a freezing order and is proportionate to that purpose. The disclosure…

A professional-negligence claim must identify the specific acts or omissions relied on, what would have happened without them, and the resulting loss. Summary…

An agreement under section 38 of the Highways Act 1980 is construed by reference to its terms and its machinery for identifying the land to be adopted.…

Under CPR rule 52.14, public funding for a transcript requires both financial eligibility and necessity in the interests of justice. The court retains a…

Costs budgets must be justified by reference to both reasonableness and proportionality. The court assesses the total figures for each budgeted phase, having…

On a strike-out or summary-judgment application, the court may determine a short point of law or construction where the evidence is sufficient and the parties…

Strike out and summary judgment are distinct remedies. A defence may be struck out where its pleaded facts, even if true, disclose no legal defence, but a…

A testator has testamentary capacity where they can understand the nature and effect of making a will, the extent of the property disposed of, and the claims…

Rule 201 of the Investment Bank Special Administration (England and Wales) Rules 2011 does not create a free-standing obligation to provide remuneration…

Sampling in complex multi-claimant litigation must serve the overriding objective. The court should select cases that represent common issues and capture…

Applications to strike out or stay proceedings should not be used to revive arguments already rejected, abandoned, or reasonably available at an earlier…

A trustee holding land for a sole beneficiary must give effect to the beneficiary’s valid directions concerning transfer or sale, provided they are consistent…

A claimant seeking a resulting trust must first prove that it provided the purchase money. Only then does the presumption that the recipient did not receive a…

A later order recording the consequences of compliance or non-compliance with an earlier peremptory order does not, without clear language, vary, rescind or…

In applications challenging a company voluntary arrangement, material irregularity depends on whether the relevant information, if accurately disclosed, would…

At a convening hearing for a restructuring plan under Part 26A of the Companies Act 2006, the court determines jurisdictional and class-composition issues…

Summary judgment may be granted in a dishonesty case where the defendant has no real prospect of success, but allegations affecting personal integrity…

Apparent bias is assessed in two stages. The court must first ascertain all circumstances bearing on the allegation and then ask whether the fair-minded and…

A judgment must be read objectively, together with the order made consequential upon it. Where the order directs a full account of actual expenditure, it is…

Recognition of foreign insolvency proceedings under the Cross-Border Insolvency Regulations 2006 requires the court to verify each statutory and Model Law…

An abuse of process may arise where a litigant obtained an earlier judgment or order on the basis of a position taken in the litigation and it would be unjust…

On an appeal concerning renewal of a business tenancy, the appellate court must show strong respect for the trial judge’s factual findings and evaluative…

The court may sanction a scheme of arrangement where the statutory requirements have been met, the relevant class has been fairly represented, the majority has…

Laches may bar a probate claim where the claim serves only to enable a later recovery claim that would itself be barred by laches. The court may determine that…

Permission to commence committal proceedings is a public-law, public-interest decision. In alleged false-statement cases, the applicant must show a strong…

Permission to amend a petition is refused where the proposed case is merely inferential and lacks evidential support giving it real substance and conviction.…

A contractual outsourcing arrangement may also create fiduciary duties where one party entrusts the other with the entire operation of its business and the…

The court should order a preliminary issue only where doing so is just and proportionate in the circumstances. Relevant considerations include whether the…

In a copyright infringement claim where the defendants fail to acknowledge service or defend, the court may grant default judgment where the pleadings disclose…

When construing a mandatory injunction, the court asks what the order means, not whether it ought to have been made in wider terms. The order is construed…

Summary judgment is inappropriate where the issues require fuller factual investigation, including evidence reasonably expected to be available at trial. The…

A statutory right of access on foot and horseback for open-air recreation does not ordinarily include a right to camp overnight. Camping may be a facility…

A claimant’s unilateral failure to progress proceedings for a substantial period may constitute abuse of process, even where it retains an intention to pursue…

Costs generally follow the event, and failure on individual issues does not alone justify depriving a successful party of its costs. A reduction may be ordered…

Contribution proceedings under the Civil Liability (Contribution) Act 1978 redistribute responsibility between parties liable for the same damage. The court…

Trust instruments are construed by identifying the meaning of their words in context, having regard to the instrument’s purpose, structure, known background…

A claim may be struck out where it has no reasonable grounds or is an abuse of process. Reverse summary judgment may be granted where the claimant has no real…

Where parties have reached a binding agreement to end their joint business relationship but have not specified when a share transfer is to occur, the court may…

For execution of an individual deed under section 1(3)(a)(i) of the Law of Property (Miscellaneous Provisions) Act 1989, the signatory must sign in the…

Unfair prejudice under the Companies Act 2006 requires conduct of the company’s affairs which is objectively unfair and prejudicial to the petitioner’s…

Expert evidence may include skilled evidence of fact, as well as opinion evidence. The evidence must be relevant and use the witness’s expertise. Its…

Under Insolvency Act 1986, section 112, the court may give directions concerning a surplus in a voluntary winding-up only where the proposed exercise of power…

When limitation is in issue, an amendment application under CPR 17.4(2) requires a sequential four-stage analysis. The court asks whether the amendment is…

Summary judgment is inappropriate where the limits of an express waiver of legal professional privilege raise developing and genuinely arguable questions about…