High Court: Chancery Division judgments, 2025

Under Civil Procedure Rules 1998, a costs budget may be varied only where there has been a significant development in the litigation and the proposed variation…

Partnership accounts are binding only within the scope of matters clearly dealt with and agreed. Annual accounts do not necessarily determine matters arising…

Section 85 of the Finance Act 2022 does not require HMRC to prove that a promoted tax avoidance arrangement is ineffective or that the promoter has incurred a…

The court has a broad discretion as to costs under Civil Procedure Rules 1998, rule 44.2. The usual order may be displaced by the parties’ conduct, the outcome…

On an application to sanction an insurance business transfer scheme under Financial Services and Markets Act 2000, the court must first determine whether the…

A restructuring plan may be sanctioned under Companies Act 2006 Part 26A even where a class has approved it by proxy, if the statutory requirements and…

In a kin inquiry, the court must determine disputed family relationships on the balance of probabilities and direct distribution according to the practical…

A court approving a representative settlement concerning pension scheme benefits must be satisfied that it benefits all represented persons, despite their…

Under Arbitration Act 1996, s.9(3), a party loses the right to a stay only by conduct which objectively and unequivocally accepts that the dispute should be…

A solicitor’s entitlement to payment after ending an entire retainer depends on the contract and the applicable common-law default. Where a conditional fee…

An appellate court should not interfere with an evaluative damages award merely because another figure might have been preferable. Intervention requires an…

A court may find serious allegations such as forgery proved on the balance of probabilities where the evidence, assessed cumulatively, is credible and…

An appellate court may intervene in a case-management discretion where there is an error of principle or the decision falls outside the permissible range.…

An order made on paper may be set aside under Civil Procedure Rules 1998, rule 23.8.3 only where the affected party lacked an opportunity to make…

A Quistclose trust arises where money is advanced on terms that it is not at the borrower’s free disposal and must be used for a sufficiently certain purpose.…

Costs are governed by the overriding requirement to achieve justice between the parties. An issue-based approach is a useful structure in intellectual property…

In trustee costs disputes, the court must assess the character of the proceedings, the relief sought, the parties’ positions and their conduct. An application…

A testamentary gift is presumed to be accepted when complete, without positive assent, even if the beneficiary is unaware of it. Once aware, the beneficiary…

A qualifying floating charge is enforceable for the purposes of paragraph 16 of Schedule B1 to the Insolvency Act 1986 when the charge-holder has the right to…

Applications to set aside an order for alternative service and an appeal against that order may be pursued in the alternative. The set-aside application…

Summary judgment may be granted where the opposing claim has no real, realistic prospect of success and there is no compelling reason for trial. The court may…

A temporary stay may be granted where it best serves the interests of justice and the overriding objective. The court should consider delay and prejudice…

A penal notice is unnecessary where a defendant has given a clear voluntary undertaking, the relevant models have been retired, and no evidence establishes a…

A pleading must identify the conduct relied on with sufficient precision to enable each respondent to understand and answer the case. A broad allegation…

Contractual remuneration provisions may protect an adviser against avoidance even where the principal agreement expires rather than being terminated early.…

An occupier’s beneficial interest in registered land does not create an overriding interest unless it includes rights capable of being asserted against the…

A mortgagee exercising a power of sale must take reasonable care to obtain the best price reasonably obtainable. The mortgagee must inform itself sufficiently…

Damages in representative proceedings under CPR 19.8 may be awarded without joining individual class members where the class’s loss can be calculated reliably…

When a foreign main proceeding is recognised and an automatic stay arises, the court has a broad discretion to modify or lift the stay. The central question is…

A claim under Insolvency Act 1986, section 423, is a claim on a specialty and is not a claim to recover money recoverable under statute. The applicable…

A restructuring plan may be sanctioned under Companies Act 2006 Part 26A where the company faces financial difficulties, the plan addresses those difficulties…

A claimant seeking a beneficial shareholding or proprietary estoppel must establish clear terms, an identifiable entitlement, reliance and detriment. General…

A freezing order protects against unjustified dissipation of assets, not against the risk that a defendant may be unable to satisfy a judgment. The applicant…

A pre-action admission is assessed by examining the correspondence as a whole and the circumstances in which the statement was made. The party who first raised…

In commercial litigation, identifying the party ordered to pay money is a highly relevant starting point for determining costs, but it is not decisive in every…

Forensic accountancy material which merely extracts, organises and summarises information from primary documents is ordinarily hearsay evidence of fact, not…

An interim injunction should not be granted where damages provide an adequate remedy and the asserted risk depends on an un evidenced breach of duty. A court…

A contempt hearing may proceed in the defendant’s absence where the defendant was properly served, had sufficient notice, gave no reason for non-attendance…

In taking accounts following a judgment establishing no partnership, the court may determine accounting issues falling within the pleaded claim for an account…

Access to a company’s register of members may be refused only where the stated purpose is not proper. The court must identify the requester’s purpose and…

Section 234 of the Insolvency Act 1986 is a summary procedure enabling an office-holder to recover company property, but it does not create rights which the…

When sanctioning an insurance business transfer scheme, the court must first determine whether the statutory definition and formal requirements are satisfied.…

A business relationship is a partnership where the parties carry on a business in common with a view to profit, assessed objectively from all relevant…

Where an application is withdrawn after the applicant fails to obtain the relief sought, the applicant may properly be treated as the unsuccessful party for…

An injunction restraining presentation of a winding-up petition should be granted where the alleged debt is disputed on substantial grounds and the dispute is…

A claim for specific performance of a land-sale contract is not inherently unsuitable for the Civil Procedure Rules 1998 Part 8 procedure. The relevant…

Interim relief requires more than a plausible claim. The applicant must identify a cause of action recognised by English law and show a case that is more than…

Where the Companies Act 2006 confers an express private right on members of a private company to require circulation of written resolutions, the criminal…

In assessing costs, the court must identify the successful party and then exercise its discretion having regard to all the circumstances. Admissible Calderbank…

Under the Payment and Electronic Money Institution Insolvency Regulations 2021, a special administration order may be made where either the institution is…

A witness statement admitted in a Civil Procedure Rules 1998 Part 8 claim does not require verification on oath unless the court so directs. Verification by a…

The court has an unfettered discretion whether to sanction a scheme of arrangement. It will ordinarily do so where the statutory requirements are met, the…

Permission to appeal requires grounds showing a real prospect of success or another compelling reason. On an appeal from a Comptroller’s decision, the…

Summary judgment is appropriate only where the relevant claim has no realistic prospect of success. A claim may remain arguable despite defective pleading…

The court has jurisdiction under Insolvency Act 1986 section 108(1) to appoint an additional liquidator where an existing liquidator is affected by an actual…

A de facto director owes the same fiduciary and statutory duties as a de jure director. Delegation, absence, ignorance of the company’s affairs, or reliance on…

A pension scheme amendment fetter protecting accrued rights or interests in respect of benefits already provided ordinarily protects past service benefits, not…

Costs remain discretionary, but the unsuccessful party normally pays the successful party’s costs. In an account claim, the accounting party ordinarily bears…

Where an interim injunction or declaration is likely to determine the dispute, the court must assess the relative strengths of the parties’ cases. The…

A company must comply strictly with statutory pre-emption requirements when offering new shares. Electronic communication requires both agreement to electronic…

An agreement for lease governing a collaborative development venture should be construed commercially and as a whole. Contractual approval and co-operation…

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

Ancillary relief supporting a freezing order or proprietary injunction may be granted where it is just and convenient to protect assets threatened with loss…

The removal or replacement of trustees is governed by the beneficiaries’ welfare and the proper administration of the trust as a whole. The jurisdiction is…

Permission to appeal from a strike-out and reverse-summary-judgment decision should be refused where none of the proposed grounds has a reasonable prospect of…

An appeal to the High Court under Pension Schemes Act 1993 s 151(4) lies only on a point of law. Re-labelling a challenge to an evaluative factual conclusion…

For statutory interpretation, the ordinary meaning of the enacted words remains the starting point. Context, legislative purpose and the mischief addressed may…

Section 48 of the Administration of Justice Act 1985 provides a summary procedure enabling trustees to obtain authorisation to act on a suitably qualified…

On an application for strike out or summary judgment, the court must apply the prescribed rules-based tests. The length of the hearing is not itself a legal…

A shareholder cannot recover personal damages for loss which merely reflects loss suffered by the company, even where the shareholder’s right to sue arises…

A professional negligence claim against counsel for failing to plead an alternative case may be summarily dismissed where the alleged omission involved an…

Where substitution is ordered conditionally, the resulting declaration should be framed so that it can operate when the relevant liability issue is determined…

A defendant who files an acknowledgment of service must comply with Civil Procedure Rules 1998, rule 11 if intending to challenge the court’s jurisdiction…

When sanctioning a Companies Act 2006 Part 26A plan without cross-class cram-down, the court should consider statutory compliance, fair representation and bona…

Compound interest may form part of full compensation for loss caused by unlawful deprivation of money where the claimant proves that compounding represents the…

Disclosure applications made after trial commencement will ordinarily be refused where the material has long been available and the application should have…

On an application to set aside a statutory demand, the applicant need not prove the underlying defence on the balance of probabilities. The court must conduct…

An order under section 194 of the Legal Services Act 2007 is discretionary. The amount payable to the prescribed charity need not exactly correspond to the…

In determining entitlement to funds recovered in an administration, the court may treat an issue framed as an “economic interest” issue as one concerning…

At a convening hearing for a restructuring plan, the court must address jurisdictional gateways, class composition, notice and any apparent roadblock or blot…

An employer is not vicariously liable for trespasses committed by an independent contractor. Liability may nevertheless arise from the employer’s own tort, a…

Service on a company director at the address nominated under Companies Act 2006, section 1140, is valid for all purposes. On an application to vary freezing or…

Summary judgment is inappropriate where a claim has a realistic, rather than fanciful, prospect of success and resolution requires a detailed factual or legal…

Costs ordinarily follow the event. A party’s limited success on a minor and peripheral issue will not justify reducing the successful party’s costs where that…

An AI model provider may be responsible for trade mark use where the model’s training data and model weights cause synthetic outputs to bear signs resembling…

Summary judgment should be granted only where the opposing case has no realistic prospect of success and there is no other compelling reason for trial. The…

On an interim injunction application, the court must choose the course likely to cause the least injustice, assuming there is a serious issue to be tried. The…

Relief from sanctions may be refused where an appellant fails to comply with a clear deadline for filing an appeal bundle. The seriousness of the breach is…

In contentious probate proceedings, the general rule that costs follow the event remains applicable. The second probate exception may justify no order as to…

A beneficiary may bring a derivative claim on behalf of an estate where special circumstances make that course just, including where the personal…

A creditor has standing to present a winding-up petition only where the alleged petition debt is established, or is not subject to a bona fide dispute on…

When an administration order is made, the court retains discretion over whether, and to what extent, an applicant’s costs are payable as an expense of the…

A proprietary estoppel claim requires a sufficiently clear promise, reasonable reliance and detriment. These elements are interrelated, but each must be…

A public authority does not owe shareholders a duty of care for pure economic loss merely because its decision foreseeably affects a proposed sale. The Hedley…

An administration order may be made only where the company is unable, or likely to become unable, to pay its debts, administration is reasonably likely to…

Acceptance of a Civil Procedure Rules 1998 Part 36 offer creates an enforceable settlement. A party cannot accept the offer and later make performance…

Permission to amend a defence may be refused where the proposed case has no real prospect of success, is inadequately explained, or causes disproportionate…

A recipient who has received information in circumstances importing an obligation of confidence owes a personal duty not to misuse it. For misuse, the…

When sanctioning a restructuring plan under Part 26A of the Companies Act 2006, the court must assess the relevant alternative, the statutory cram-down…

A mortgagee’s enforcement powers must be exercised to secure repayment of the debt or protect the security. Enforcement is ineffective where recovery of the…

A contractual right to prepay a loan requires payment in accordance with the agreement. A future proposal, conditional refinancing arrangement or settlement…

Where a successful party has separate interests from another successful party, and those interests require separate representation, an order for its costs may…

A bankrupt is not entitled to broad disclosure from a trustee merely because information may relate to disputed assets, trustee remuneration, tax, data use or…

A deed is delivered when, assessed objectively, the maker’s conduct would lead a reasonable recipient to understand that the maker intended to be bound.…

A court will not ordinarily restrain a defendant from settling foreign proceedings which it no longer wishes to defend, particularly where settlement avoids…

An appellate court should interfere with a trial judge’s factual findings only where the conclusion was plainly wrong or no reasonable judge could have reached…

Rule 18.34 of the Insolvency (England and Wales) Rules 2016 concerns remuneration and expenses payable from assets forming part of the administration…

Third-party disclosure under Civil Procedure Rules 1998, Part 31.17 is exceptional. The applicant must show that the documents are likely to support its case…

Testamentary capacity requires the testator to understand the nature and effects of making a will, the extent of the property, and the claims to which effect…

In an unfair-prejudice petition, a person should remain a party only where the pleaded case and relief make that participation desirable in light of the…

For the purposes of Insolvency Act 1986 section 423, a transaction is identified by a fact-sensitive, common-sense analysis directed to the statutory purpose.…

Liabilities arising from pre-insolvency contracts become administration expenses under the Lundy Granite principle only where the office-holder’s conduct…

On an application for an interim mandatory injunction, the court applies the American Cyanamid framework: serious issue to be tried, adequacy of damages and…

In contentious probate proceedings, the general rule remains that costs follow the event. The two probate exceptions are only guidelines and require a positive…

For relief from forfeiture under section 146 of the Law of Property Act 1925, the relevant time is when proceedings seeking relief are issued. Later execution…

On applications for reverse summary judgment, strike out and amendment, the central question is whether the pleaded case has a real prospect of success. A case…

Extended disclosure must be reasonable and proportionate, having regard to the overriding objective and the factors identified in PD57AD. The party seeking…

Issues for disclosure must identify the documentary material needed for a fair and proportionate trial. They should be focused, non-overlapping and framed by…

Following an unsuccessful appeal, the court may order the unsuccessful party to pay the successful party’s costs. A failure to comply with a costs practice…

A testamentary instrument is valid where the testator understood the nature and effect of the transaction, the general extent of the property, and the claims…

Section 9 of the Inheritance (Provision for Family and Dependants) Act 1975 is an exceptional power. It permits a joint tenancy to be treated as severed only…

Where a defendant disputes whether proceedings were served out of the jurisdiction, the question is a factual inquiry into whether service occurred. The…

Construction proceedings concerning the administration or distribution of an estate are not ordinarily hostile litigation merely because beneficiaries advance…

Testamentary capacity is assessed by applying the Banks v Goodfellow test to the particular will, testator and estate. A rationally expressed and duly executed…

Permission to bring private contempt proceedings for knowingly false statements requires a strong prima facie case that the statement was false and that the…

A payment made under a mistake of law is recoverable in restitution only if the mistake caused the payment. The question is whether the payer would have paid…

In an unjust enrichment claim for remuneration for introductions, the benefit may consist of the end-product rather than the services themselves where payment…

The court holds that mere provision of banking services or marketing support does not suffice for accessory liability: an assister must provide…

A stay of civil proceedings on medical grounds is exceptional and requires very clear justification. Stress caused by the proceedings will ordinarily not…

A foreign receivership will not be recognised in England and Wales unless there is a sufficient connection between the company and the foreign jurisdiction.…

In construing a deed of priority, the court must undertake a unitary, objective assessment of the language, relevant background and commercial consequences.…

Dishonest assistance requires more than negligence, even gross negligence. The court must first determine the defendant’s actual knowledge or belief as to the…

In construing rules governing a mutual fund, the court must identify their objective meaning in their documentary, factual and commercial context. The rules’…

The removal of a personal representative under Administration of Justice Act 1985, section 50, does not require proved misconduct, breach of duty or…

Licence fee damages may be awarded for infringement of trade mark rights where the loss is properly measured by the economic value of the right as an asset.…

A winding-up petition should be dismissed where the petition debt is disputed on genuine and substantial grounds. The Companies Court should not determine…

An express bare trust requires an objectively manifested intention to create a trust. The court must identify the settlor’s intention from words and conduct…

The starting point is that costs follow the event. A different order requires sound reasons. Indemnity costs are exceptional and require conduct taking the…

A court order must be obeyed while it remains in force, even if the party affected believes it is irregular, void or liable to be set aside. A later setting…

A collateral challenge to an earlier decision is not automatically an abuse of process. In later civil proceedings involving different parties, or parties…

For non-domestic rating, the statutory concept of the person entitled to possession requires a single, purposive inquiry. The relevant person is the one with a…

A non-party should not ordinarily be joined for costs-only purposes merely to facilitate a possible future order under section 51 of the Senior Courts Act…

A testamentary trust may be completely constituted when the will is admitted to probate, even though the trust assets have not yet been specifically assented.…

A liquidator’s statutory role includes fiduciary obligations arising from a statutory trust. Those obligations are not owed solely to the company and cannot be…

On summary judgment, the court may determine a legal or discretionary issue where the underlying facts are sufficiently established, but it must withhold final…

Payments made under a salary-and-loan arrangement do not constitute a preference merely because they reduce a director’s loan account. The court must assess…

Standing under section 994 of the Companies Act 2006 is governed by the statutory requirements. A person must be a member whose name is entered in the…

Costs budgeting must assess the overall figure for each phase, rather than mechanically approve or reduce individual hourly rates, hours or disbursements.…

A leapfrog certificate may be granted where the decision involves a point of law of general public importance, the statutory conditions are met, and there is a…

A section 994 petition requires proof that the conduct concerns the company’s affairs or an act or omission of the company, and that it has prejudiced the…

Directors of an insurance company governed by foreign law may breach their duties by permitting informal, unsecured and interest-free transfers to a company…

In construing a charitable gift in a will, the court must identify the testator’s objective intention from the words used, the will as a whole, the surrounding…

A restructuring plan may be sanctioned despite dissenting creditor classes where the statutory cram-down conditions are satisfied and the plan represents a…

When assessing costs, guideline hourly rates may be exceeded only where the paying party is given a clear and compelling justification. London Band 1 rates…

A pension provider’s obligation to pay a judgment debtor does not arise merely because the debtor has a right to request a drawdown. A third party debt order…

At a convening hearing for a scheme under Companies Act 2006 Part 26, the court considers jurisdiction, notice, class composition and explanatory material…

In construing pension scheme rules, significant weight is given to the words chosen by the draftsman. Purposive construction, business common sense and…

Under section 13(2) of the Patents Act 1977, an application is deemed withdrawn when the applicant fails, within the prescribed period, to file a compliant…

Applications to extend time for service of a claim form must be justified against the defendant’s right to be sued within the claim form’s initial validity and…

A contractual joint venture does not become a partnership merely because one party receives a share of profits. The court must determine whether the parties…

Service of a winding-up petition at a company’s registered office may comply with Schedule 4 to the Insolvency (England and Wales) Rules 2016 where the…

An employee share-option power permitting extension after termination must be consciously exercised by the grantor, with the period, basis and conditions…

A guarantee securing a company’s contractual obligations may operate alongside a profit-and-loss sharing arrangement. Its purpose and limits must be determined…

Summary judgment should be granted only where the claim has no realistic prospect of success and there is no other compelling reason for trial. The court must…

In a probate challenge, testamentary capacity is assessed by whether the testator understood the nature and effects of making a will, the extent of the…

Under Part 26A of the Companies Act 2006, satisfaction of the cross-class cram-down conditions gives the court jurisdiction but creates no presumption that…

A change in the membership of a partnership technically dissolves the existing partnership and creates a new one. The new partners may nevertheless agree that…

A chargee’s contractual and proprietary rights under a security document pass with the security interest unless the assignment clearly provides otherwise.…

In an administration, the court must balance protection for secured creditors against the wider purpose of the administration. A secured creditor is not…

In exercising the cross-class cram-down jurisdiction under Companies Act 2006 Part 26A, satisfaction of the “no worse off” condition is necessary but not…

Commercial contracts are interpreted objectively, by balancing the natural meaning of the language against the contract as a whole, its commercial consequences…

Where the terms of a lost trust cannot be established with sufficient certainty, the court should not declare that a particular person is absolutely entitled…

The court will restrain presentation of a winding-up petition where the petition debt is disputed in good faith on substantial grounds. A dispute is not…

An administrator may be removed only where there is good or sufficient cause, assessed by reference to the real, substantial and honest interests of the…

Where a party provides substantial benefits in anticipation of a contract which never becomes binding, restitution may be available for failure of basis. The…

Where a strike-out or summary-judgment application would have succeeded on the pleading as it stood, but the claim survives because comprehensive amendments…

In English proceedings, foreign confidentiality rules do not override the court’s jurisdiction to order disclosure under English procedural law. The court must…

On a without-notice application, the court may grant proprietary and worldwide freezing injunctions where the applicant shows a good arguable case…

In sanctioning a restructuring plan under Companies Act 2006 Part 26A, the court must identify the most likely outcome without the plan and compare it with the…

A declaration by a limited liability partnership transferring substantially all its assets and bringing about its dissolution changes the nature of its…

When proprietary estoppel is established, relief is directed to preventing or undoing unconscionable conduct. Fulfilment of the promise is usually the starting…

A Henderson v Henderson abuse of process may arise where a party, without good reason, fails to raise an issue capable of determination in earlier proceedings…

A claimant seeking beneficial ownership of property registered in another person’s sole name must prove an express or inferred common intention, together with…

In contempt proceedings for breach of an injunction, the court may dispense retrospectively with personal service where the respondent had actual knowledge of…

Joinder is desirable where additional claimants seek the same relief, their claims raise substantially identical issues, and joining them avoids duplicative…

A bankruptcy petition founded on unpaid judgment debts should not ordinarily be used to reopen issues already determined when a statutory demand was…

A company director cannot receive remuneration merely because the company’s affairs were conducted informally. The company’s constitution must be followed, or…

Permission to appeal requires a real prospect of success, or another compelling reason for the appeal to be heard. A party seeking to preserve an interim…

Applications to strike out, obtain summary judgment and amend pleadings engage the same merits test: whether the claim or proposed amendment is bound to fail.…

A transaction is a sham where the parties intend to create rights and obligations different from those appearing on the face of the transaction and intend to…

At a convening hearing under Companies Act 2006 Part 26, the court considers jurisdiction, class composition, procedural matters and any issue that would…

On a summary assessment of costs on the standard basis, the court should assess what was reasonably and proportionately incurred and reasonable and…

Summary judgment should be granted only where the claim or defence has no realistic prospect of success. A defence based on implied consent, acquiescence or…

Permission to amend after expiry of limitation is subject first to the mandatory test in Civil Procedure Rules 1998 Part 17.4. A proposed amendment introducing…

A majority shareholder will generally be unable to maintain an unfair-prejudice petition where corporate control enables the shareholder to end the prejudice…

A contractual duty of good faith must be construed in its contractual and commercial context. It requires honesty and may prohibit conduct that reasonable and…

The court may approve a distribution plan under rule 114 where the statutory notification and committee-consultation requirements are met and the plan provides…

Under rule 58 of the Non-Contentious Probate Rules 1987, inspection of a will may be restricted where it would be undesirable or inappropriate. The threshold…

An anonymity order is available only where non-disclosure is strictly necessary both to secure the proper administration of justice and to protect the…

On applications for strike out, summary judgment and amendment, a claimant must plead the essential facts and remedy supporting each cause of action. A claim…

Forfeiture of a long residential lease requires compliance with the statutory preconditions in section 168 of the Commonhold and Leasehold Reform Act 2002…

An agreement to agree, requiring the consent of other shareholders, does not guarantee that the contemplated shareholders’ agreement will be concluded. The…

Applications for an expedited trial should be assessed by considering four factors: whether there is good reason for expedition, its effect on the…

A court order, including an injunction, must be obeyed unless and until it is overturned on appeal or set aside by a proper application. Allegations that the…

For Insolvency Act 1986 section 423, the debtor’s actual subjective purpose must be established. A prohibited purpose need not be dominant or sole, and…

Where a lease defines the demised property to include fixtures from time to time in or on specified land, an integrated fixture may fall within the demise even…

In assessing loss under FSMA, the court must construct the counterfactual in which accurate information was published and informed the market, the bidder and…

A business may possess goodwill in the United Kingdom through indirect trading arrangements, including sales through a distributor or intermediary. A domain…

A commercial intermediary who represents that customers are paying factory prices, while secretly adding amounts for his benefit, may be liable in deceit.…

A mortgagee exclusion clause in a Town and Country Planning Act 1990 section 106 agreement may protect a purchaser deriving title through a mortgagee of a…

On an application to strike out or obtain summary judgment in a professional negligence claim, the court must assess the pleaded loss in the counterfactual…

For costs purposes, success is assessed by the substance of the outcome of the application as a whole, not by success on an individual issue. Where a defendant…

On summary judgment, an unfair prejudice petition must disclose a realistic prospect of success and reasonable grounds for relief. Shareholders do not…

An express right of way must be construed from the language of the grant, read in the context of the deed, the physical circumstances existing when it was…

Applications for strike-out, reverse summary judgment and injunctive relief require the court to distinguish adjudicative authority from the discretionary…

The equity of exoneration depends on the presumed intention of co-owners. Where jointly owned property secures borrowing by one owner, the burden ordinarily…

Conduct may be technically contrary to a company’s constitutional documents yet not unfair for the purposes of Companies Act 2006, s 994, where the shareholder…

Where parties fund a property development informally, the court identifies the agreement objectively from the available evidence. A loan arrangement is not…

Summary judgment is appropriate where a claim has no realistic, rather than fanciful, prospect of success and there is no other compelling reason for a trial.…

The court has a broad discretion over costs. The usual order is that the unsuccessful party pays the successful party’s costs, but the court may apportion…

An anti-suit injunction may restrain a party subject to the English court’s personal jurisdiction from pursuing foreign proceedings where they are vexatious or…

The statutory stay imposed by Insolvency Act 1986, s 130(2), is directed to actions and proceedings which may disrupt the winding-up or confer an advantage on…

In construing a settlement referring to the settlor’s “children”, the court starts with the ordinary meaning of the word, but that meaning may be displaced by…

At a restructuring-plan convening hearing, the court must consider jurisdiction, class composition, notification and other matters that could prevent later…

A trust instrument is not a sham merely because it is executed to protect property from enforcement, provided the settlor genuinely intends the trust to take…

In a rights of light claim, the court must assess whether sufficient light remains for the ordinary use and enjoyment of the dominant property. Light which the…

Costs in a split trial are ordinarily dealt with when the relevant stage concludes. The court retains discretion to defer costs of a liability trial where…

Permission to amend a statement of case is discretionary and must be exercised consistently with the overriding objective. An amendment should be permitted…

Indemnity costs require conduct or circumstances taking the case out of the norm. An unsuccessful appeal is not “hopeless” merely because it fails or is…

Errors in a response pack do not necessarily invalidate service of proceedings. Where the claim form and particulars of claim have been served by an authorised…

Where a trustee is a party to trust proceedings, the starting point is the trustee’s entitlement to an indemnity from the trust fund under Civil Procedure…

In bankruptcy proceedings, a debt is disputed on substantial grounds where the debtor shows a real prospect of successfully challenging liability or quantum at…

An application to re-list an insolvency application dismissed in the applicant’s absence is governed by CPR rule 23.11. The court should consider the reason…

On an account in common form, the trustee bears the burden of proving receipts, payments and their justification as trust transactions. A claim omitted from…

A contempt application requires proof beyond reasonable doubt that the order was clear and unambiguous, known to the defendant, intentionally breached, and…

Article 21(1)(d) of the Cross-Border Insolvency Regulations 2006 must be construed purposively. Information may concern a debtor’s affairs or assets even where…

For bankruptcy jurisdiction based on business carried on in England and Wales, the debtor must have carried on a personal business during the statutory…

Where the authenticity of an apparently executed will is challenged as a forgery, the party propounding it bears the legal burden of proving its genuineness on…

A bankruptcy order remains effective and must be obeyed unless and until it is set aside. A trustee in bankruptcy is entitled to realise vested property…

On an appeal from a trade mark opposition decision, the appellate court should review rather than rehear the case. It should not interfere with a…

An application to revisit an interlocutory sanction order is governed by a broad but principled discretion. The usual gateways are a material change of…

Costs remain within the court’s broad discretion. Although the usual rule is that the unsuccessful party pays the successful party’s costs, the court may make…

In construing a conveyance and an attached plan marked for identification only, the court must consider the conveyance as a whole and the objective physical…

A claim against new defendants may still be an abusive collateral attack on findings made in earlier proceedings. The court must examine the substance of the…

Summary judgment may be appropriate for a short point of law or construction where the court has the evidence necessary for a proper determination. It should…

Section 63(4) of the Arbitration Act 1996 concerns assessment of recoverable costs, not their allocation between the parties. The court therefore cannot use it…

In detailed assessment proceedings, a receiving party may be required under Civil Procedure Rules 1998 Practice Direction 47, paragraph 13.13, to elect whether…

A shareholder or director does not thereby acquire an interest in company property for the purposes of a vesting order after dissolution. A tenant’s…

On applications for summary judgment and substitution of a defendant, limitation issues arising from solicitors’ negligence are ordinarily fact-sensitive.…

A will is valid if the testator understood the nature and effect of making it, the extent of the property disposed of, and the claims to which effect ought to…

Summary possession orders may be granted against protester trespassers where there is no real prospect of a successful Convention-rights defence and no…

A mistaken payment may be recoverable in unjust enrichment even where the payer was careless. The claimant must establish enrichment, enrichment at its…

Costs arising from a discrete liability trial should ordinarily be determined when that trial concludes, rather than reserved until the outcome of a later…

Damages for deceit are assessed by identifying the loss directly caused by reliance on the fraudulent representation and comparing the claimant’s actual…

An express trust may arise notwithstanding that the legal title remains with a company and the trust is imperfectly documented. The court may determine the…

A bankruptcy order will ordinarily not be stayed pending appeal. A stay, or a modification of the order’s effect, requires rare circumstances, such as an…

In an unfair-prejudice share buy-out, valuation is an evaluative and remedial exercise rather than a purely mathematical calculation. The court may use…

In the taking of a trust account, accounting parties must establish that payments made from trust funds were proper discharges. Beneficiaries may challenge…

A draft judgment circulated under embargo may be used only for correcting errors, preparing consequential orders or submissions, and preparing for publication.…

Permission for a derivative claim is not automatically barred because the shareholder is also pursuing a Companies Act 2006 section 994 petition concerning…

A judgment or order will be set aside for fraud only where conscious and deliberate dishonesty was material to the decision. Materiality requires the…

A company may be wound up on just and equitable grounds where its management is functionally deadlocked or, if it is a quasi-partnership, where the…

On an application to set aside permission to serve out, the claimant need only show a real prospect of obtaining the relief sought at trial. A beneficial owner…

Under CPR 19.2(2)(a), the court may join an intervener with no direct or indirect interest where intervention would desirably assist the court in resolving the…

A dominant undertaking may not use its market power to prevent customers from stocking a competing product, even where it considers that product commercially…

An interim injunction restraining a qualifying floating charge holder from appointing administrators out of court is determined under the American Cyanamid…

Restrictive covenants registered against land may remain relevant to the management of an estate even where no person can enforce them as covenants. An…

A proprietary estoppel requires a sufficiently clear assurance relating to an interest in land, reasonable reliance, substantial detriment and…

A case-management stay to await parallel proceedings should be granted only where it is in the interests of justice. Such stays are rare and require a powerful…

On an interim injunction application concerning disputed control of a company, the High Court held that it had jurisdiction to grant effective ancillary relief…

At a convening hearing for restructuring plans under Companies Act 2006 Part 26A, the court performs a limited gateway function. It considers notice…

Judgments determining succession to an estate are generally outside the scope of registration under the Foreign Judgments (Reciprocal Enforcement) Act 1933.…

Land held for statutory education purposes cannot be registered as a town or village green where registration is incompatible with those purposes. The question…

Non-registration of a trade mark sub-licence does not prevent a proprietor from recovering, or the court from taking into account, loss suffered by the…

Permission to appeal may be refused where the proposed grounds challenge contractual construction or fact-sensitive findings without identifying an error of…

The choice between damages and an account of profits for breach of contract is discretionary. The usual remedy is compensation for the claimant’s loss. An…

Sections 89 and 95 of the Insolvency Act 1986 impose a specific payment-in-time test for a members’ voluntary liquidation. The question is whether the company…

In a sole-ownership case, equity follows the law unless the non-owner proves a different common intention, supported by detrimental reliance. Common intention…

A close family relationship does not prevent an intention to create legal relations. The question is one of fact, judged from the parties’ words and conduct. A…

In a boundary dispute, the construction of a conveyance and plan may require extrinsic evidence where the plan is inaccurate, drawn to an unreliable scale, or…

A bailee holding long-unclaimed goods has no general common-law power of sale merely because the bailor cannot be traced. However, the bailment may end under…

At the convening stage of a scheme under Companies Act 2006 Part 26, the court does not decide the scheme’s merits or fairness. It considers notice…

Medical grounds for vacating or adjourning a trial require sufficiently particular, current and reasoned medical evidence. The court must also balance the…

Applications under rule 18.24 of the Insolvency Rules 2016 to increase remuneration fixed as a percentage of realisations require the office-holder to prove…

Under section 1096 of the Companies Act 2006, a person with significant control has no authority merely by virtue of that status to appoint or remove directors…

For the purposes of the pre-designation payment exception in regulation 58(5) of the Russia (Sanctions) (UK Exit) Regulations 2019, a contractual obligation…

On an application to set aside a statutory demand, the debtor need only show a genuine triable issue or a real prospect that the dispute will succeed. The…

An executor may fall within the fiduciary exception to imprisonment for debt where he has received estate money and has not properly accounted for or…

A court may hear a contempt application in the respondent’s absence where service and notice are sufficient, the absence is wilful, an adjournment is unlikely…

An extension of time to comply with an injunction should not ordinarily be granted where the alleged inability to comply results from the respondent’s own…

On an application to amend after a limitation period may have expired, permission will generally be refused where the defendant has a reasonably arguable…

A claimant who rejects an unconditional payment which would satisfy the claim ultimately established cannot ordinarily recover pre-judgment interest for the…

An issue estoppel may prevent a party from advancing a different construction of the same contractual provision in later proceedings, even where the later…

The court may adjourn an application and require further evidence where there are serious concerns that court proceedings are being conducted by, or for the…

A contract for the sale of land is unenforceable under Law of Property (Miscellaneous Provisions) Act 1989, section 2(1), if it omits an expressly agreed term.…

Interim freezing relief requires a serious issue to be tried, or, for a non-proprietary order, a good arguable case, together with a real risk of dissipation…

A mortgagee must account for money, benefits and profits received from, or generated by, mortgaged property. Non-monetary consideration must be valued and…

A determination by the Pensions Ombudsman is final and binding under Pension Schemes Act 1993, subject to an appeal on a point of law. That finality extends to…

A director breaches fiduciary and statutory duties by causing a company to make a payment for which it has no legal obligation, particularly where the payment…

Construction of pension scheme rules is a unitary exercise. The court must consider the language used in its factual and commercial context, including…

An extended civil restraint order may be made where a litigant has persistently issued claims or applications which are totally without merit. The court must…

A business deliberately conducted through companies will not ordinarily also constitute an overarching partnership. The court must identify the parties’…

A tenant’s liability for insurance rent depends on the contractual wording, not merely on whether a sum is described in insurance documents as a premium. Where…

On an appeal concerning voting rights in a creditors’ voluntary liquidation, the court must form its own view on whether each claimed debt is established on…

Issues for disclosure concern documents likely to be relevant and important to the fair resolution of the case. They are distinct from issues for trial and…

The power to strike out a statement of case is discretionary and ordinarily represents a last resort. A pleading should be struck out for vagueness or…

Applications for interim injunctions against allegedly unjustified trade mark threats may fall within the exceptional category recognised under [2005] 1 AC…

In determining the parties to an oral contract, the court may consider the parties’ words and conduct before and after the agreement. Post-contract conduct may…

For the purposes of Condition A under Companies Act 2006, the relevant alternative is the outcome most likely to occur if the restructuring plan is not…

Gross misconduct requires conduct sufficiently serious to justify summary dismissal and to undermine the employment relationship. Repeated breaches of…

Trustees are removed only where removal is required for the welfare of the beneficiaries as a whole or is necessary to protect the trust or its proper…

An application to discharge an injunction should ordinarily be made only where there has been a material change of circumstances or significant new evidence.…

Under CPR 44.2, the unsuccessful party ordinarily pays the successful party’s costs. A party’s failure on individual issues does not justify an issue-based…

Disclosure of documents preserved under an imaging order is a separate exercise from preservation. It is not an automatic or ancillary consequence of the…

A company director’s power to bind the company does not validate a transaction entered into in bad faith to extract the company’s business for the director’s…

Sanction of an insurance business transfer scheme under Part VII of the Financial Services and Markets Act 2000 requires the court to exercise a genuine and…

Where a deceased party’s executors have not renounced but are unwilling to take up their roles pending clarification of the estate’s solvency, the High Court…

A stay of disqualification proceedings pending parallel foreign civil proceedings will be granted only where it better serves the interests of justice than…

On applications for strike-out and reverse summary judgment, the court must first ask whether the pleaded facts, assumed to be provable, disclose a complete…

Summary judgment is inappropriate where a claim turns on disputed allegations of forgery, fraud, knowledge or authority and the evidence requires disclosure…

A general civil restraint order is justified where a litigant has persistently issued claims or applications which are totally without merit, there is an…

A non-party costs order may be made where a funder has a substantial financial interest in litigation and is, in substance, a real party to it. The court must…

Expert evidence on market practice may assist contractual construction where it explains market shorthand or enables the court to understand relevant factual…

In a boundary dispute, registered title plans generally show only general boundaries. The starting point is the conveyance or other instrument by which the…

For service under Civil Procedure Rules 1998 r 6.9, a person may have more than one usual or last known residence. The question is fact-sensitive and concerns…

A voluntary disposition may be rescinded for equitable mistake where the disposer made a distinct and causative mistake about the legal character or nature of…

The court may refuse a costs sanction for failure to comply with pre-action requirements where, viewed objectively and proportionately, compliance would…

A liquidator deciding whether to admit a proof of debt acts in a quasi-judicial capacity. On an application under rule 14.8 of the Insolvency (England and…

Particulars of claim must identify the facts necessary to establish a complete cause of action. In a professional negligence claim, this includes the specific…

Charity trustees deciding whether to sell charity land must act in the charity’s best interests and seek the best terms reasonably obtainable. A later or…

The iniquity principle removes legal professional privilege from documents brought into existence as part of or in furtherance of fraud, crime or equivalent…

Defects in a claim form do not automatically justify striking out a claim. The court should consider whether amendment would achieve justice, applying the…

For an interest to qualify as an overriding interest through actual occupation, the claimant must establish physical presence or occupation through a genuine…

Material facts on which a party intends to rely at trial must ordinarily be pleaded. A general or provisional pleading does not permit a party to introduce an…

The court may sanction a banking business transfer scheme where the statutory conditions and regulatory requirements are met and the scheme, considered as a…

Permission to amend will be refused where the proposed claim has no realistic prospect of success. The court must avoid a mini-trial, but may reject a case…

A professional valuer may assume an absolute obligation for a particular aspect of its work where the contract clearly so provides. An obligation to inspect…

An injunction restraining presentation or advertisement of a winding-up petition may be granted where the alleged debt is subject to a substantial dispute…

Permission to amend a statement of case should be determined by balancing the injustice to the applicant against prejudice to the opponent and the wider…

The power to remove an executor under Administration of Justice Act 1985, section 50, is exercised according to the best interests of the beneficiaries. The…

At a convening hearing for a restructuring plan, the court considers jurisdiction and whether any issue makes convening meetings pointless. English-law…

In an account in common form, beneficiaries need not prove breach of trust. Trustees must establish the income received and justify expenditure claimed as…

Disclosure issues must identify only the key disputed issues for which contemporaneous documents are needed for a fair resolution. They should not reproduce…

Interest on equitable compensation for breach of trust may be assessed by reference to a proxy for the return on appropriate trustee investments, or, depending…

A shareholder petition under Companies Act 2006, section 994, requires conduct of the company’s affairs causing real and substantial prejudice to a…

On a strike-out application, the court may conclude that a pleaded case is unwinnable where the pleaded facts cannot establish a viable defence and…

A contractual obligation to procure highway adoption remains binding unless the contract is rescinded or rectified. A common mistake does not render an…

Pre-claim interim relief should be granted only where the matter is urgent or where granting relief before issue is otherwise desirable in the interests of…

Interim proprietary relief is available in unfair-prejudice proceedings under Companies Act 2006, s 994, where the petition includes a sufficiently arguable…

On an application concerning restraint of a winding-up petition, the court determines whether the underlying debt is disputed in good faith and on substantial…

In construing a will, the court must begin with the words of the instrument, read as a whole and in their proper context. Extrinsic evidence is admissible only…

An appellate court should exercise caution before allowing a new claim or point to be raised for the first time on appeal. Permission should ordinarily be…

Recognition of a foreign bankruptcy trustee in England extends to the bankrupt’s movable property situated in England and Wales. It does not confer authority…

Under Part 26A of the Companies Act 2006, an assenting creditor class requires approval by creditors representing at least 75% in value of those present and…

On reverse summary judgment, the court should decide a short point of law or construction where the evidence is sufficient, while avoiding a mini-trial. A…

Relief from sanctions may be refused where a late costs budget is also fundamentally inaccurate and unsupported by a credible explanation. The court may…

A foreign judgment will create an issue estoppel only where the relevant issue was actually and necessarily determined after full contestation and by a clear…

Permission to amend a statement of case under Civil Procedure Rules 1998, Part 17, is a broad discretionary decision. The court must weigh the potential…

When sanctioning a restructuring plan under Part 26A of the Companies Act 2006, the court may rely on directors’ and expert evidence of the most likely…

A charity’s objects contained in a Royal Charter remain legally binding when the charity’s corporate custodian is replaced. The replacement corporation remains…

A transaction at an undervalue may comprise a connected series of arrangements designed to transfer value, rather than merely the immediate contract or…

A banking business transfer scheme may be sanctioned where the statutory and jurisdictional requirements are satisfied, the scheme serves reasonable commercial…

Criminal legal aid available in civil contempt proceedings remains criminal legal aid for statutory purposes. Where legislation defines “criminal proceedings”…

An agreement made in breach of the general prohibition in the Financial Services and Markets Act 2000 is voidable rather than void. The innocent party’s…

Section 423 of the Insolvency Act 1986 is not founded on fraud and does not require insolvency. The court must establish the debtor’s actual subjective…

Private nuisance protects the utility and amenity of land, including land used commercially. A sensitive use is not automatically excluded: liability depends…

The court has jurisdiction to make costs orders involving non-parties, including orders in favour of a non-party, but such orders are exceptional and require…

On a jurisdiction challenge, the claimant must establish a real prospect of success, a good arguable case under a jurisdictional gateway, and that England is…

A payment service provider must comply with its customer’s mandate, but must not execute an instruction where circumstances reasonably put it on inquiry that…

Permission to amend a statement of case after expiry of limitation depends on whether the amendment introduces a new cause of action and, if so, whether it…

Where an estate has exempt and non-exempt residuary beneficiaries, Inheritance Tax Act 1984, section 41 prevents inheritance tax attributable to the residue…

A non-party costs order is exceptional and fact-specific, but the governing principle is that it must be exercised justly. The court asks whether the proposed…

Where a judgment or order concerns both moratorium debt and non-moratorium debt, enforcement may still constitute enforcement action in respect of moratorium…

For limitation purposes under Limitation Act 1980, time begins to run in a deliberate-concealment case when the claimant knows enough to justify investigating…

An appellate court reviewing refusal of permission to amend under Civil Procedure Rules 1998, r 17.3, should interfere only for a recognised error in the…

At an interlocutory stage, a court should ordinarily refuse to strike out novel statutory claims where the legal issue is developing, factual and expert…

Section 40 of the Companies Act 2006 protects a person dealing with a company in good faith where the directors exceed constitutional limits on their powers.…

Permission under section 17 of the Company Directors Disqualification Act 1986 is an exceptional discretionary remedy. The applicant bears the burden of…

Committal for contempt is a criminal process and should proceed in a defendant’s absence only where the circumstances justify doing so. Relevant considerations…

A non-enforcement undertaking accompanying a worldwide freezing order is construed by reference to whether foreign relief is similar to an order enforcing the…

On a summary judgment application, a professional negligence claim must have a realistic prospect of establishing both breach and causation. The court should…

At a convening hearing under Part 26A, the court determines notice, jurisdiction, possible roadblocks and class composition. It does not assess the merits or…

In determining security for costs, the court has a broad discretion to fix the sum that is just in all the circumstances. An approved costs budget is a strong…

Section 29 of the Partnership Act 1890 requires a partner to account for benefits derived without consent from a transaction concerning the partnership, or…

A party to English proceedings must maintain an address for service within the United Kingdom unless the court orders otherwise. A notice of change is…

A just and equitable winding-up petition may succeed where there is functional deadlock or an irretrievable breakdown of trust and confidence in a corporate…

When sanctioning a scheme of arrangement, the court must first establish that the statutory and procedural requirements have been met. It must then consider…

Under paragraph 3(1) of Schedule 6 to the Electricity Act 1989, a deemed contract ordinarily arises between the supplier and the occupier or occupiers of the…

A respondent’s right to seek discharge or variation of an interim injunction is not unqualified. The court may refuse to entertain points that were known, or…

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

A split trial is an exceptional case-management order. The court must first consider whether there is a sufficiently clear separation between the issues…

The court has discretion to direct that statutory post-judgment interest on a tax judgment debt runs from a date before judgment. The governing question is…

An unless order must be construed according to its ordinary meaning and the context of the case. It must state clearly what the recipient must do to avoid the…

An order for security for costs requires the court to be satisfied that it is just in all the circumstances and that a specified condition is met. Where…

Limitation issues involving deliberate concealment and reasonable diligence are ordinarily fact-sensitive and unsuitable for summary determination where…

Where personal representatives cannot agree on funeral arrangements and properly seek the court’s directions, the court may order costs to be paid from the…

Where a trustee in bankruptcy applies for sale of a bankrupt’s home more than one year after vesting, the court must assume that creditors’ interests outweigh…

Court orders carrying penal consequences must be clear, unequivocal and strictly construed. An order requiring a judgment debtor to submit to medical…

Company directors must account for company money they receive, but liability does not follow automatically from an unexplained payment. The court must assess…

On an application under paragraph 98 of Schedule B1 to the Insolvency Act 1986, the court’s function is limited to fixing the time when an administrator’s…

A restitutionary quantum meruit requires unjust enrichment analysed through enrichment, transfer at the claimant’s expense, an unjust factor and defences. Mere…

Genuine use of a trade mark requires real commercial exploitation in the relevant territory, assessed by reference to all relevant facts and the essential…

The court has an inherent jurisdiction over the disposal of a deceased person’s body. Where personal representatives cannot agree, the court may direct the…

Testamentary capacity is task-specific and is determined judicially from the whole evidence. The Banks v Goodfellow criteria require understanding of the act…

A fraudulent misrepresentation claim succeeds where a defendant knowingly or recklessly makes a false representation of present fact, intending it to influence…

For the three-year “use it or lose it” period under Insolvency Act 1986, a trustee’s being “informed” of, or “becoming aware” of, a bankrupt’s interest…

Statutory demands closely connected with existing proceedings remain legally separate from those proceedings. Where the alleged debt depends on disputed and…

Under the Debt Respite Scheme Regulations, called-in capital secured by a mortgage is not “arrears” merely because it has fallen due. The expression “arrears…

The High Court may revoke a grant of letters of administration where the grant ought not to have been made, including where it was obtained using false, forged…

On an application for summary judgment or strike out, the court may decide a pleaded issue without a trial where the claim has no realistic prospect of…

A just and equitable winding-up may be ordered where a company is subject to functional deadlock or where mutual trust and confidence in a corporate…

A partnership at will may be ended by agreement, including an agreement implemented through refinancing and payment of the outgoing partner. An express…

A company director who receives company money must account for it and show that each payment was proper. Once the liquidator proves receipt of a payment, the…

At a convening hearing under Companies Act 2006 Part 26A, the court does not determine the merits or fairness of the restructuring plan. It considers whether…

An implied agreement extending contractual time limits requires a consensus ad idem inferred objectively from the parties’ conduct. General assurances of…

On a standard-basis costs assessment, the paying party is liable only for costs that are reasonable and proportionate to the litigation, rather than all work…

Expert evidence must be admissible and reasonably required to resolve the proceedings. Evidence which merely assists the court may be permitted, but the…

A party advancing a positive case that a document is forged must plead that allegation and give full particulars. A notice disputing authenticity under CPR…

A solicitor may owe a duty to advise a client about the solicitor’s own earlier negligence where the solicitor knows or ought to know that there is a…

In an unfair prejudice petition concerning a quasi-partnership company, informed consent by the relevant shareholder to a transaction may prevent the…

A trial adjournment is justified where proceeding would produce an unfair trial, assessed by reference to the overriding objective and all the circumstances.…

Permission to issue proceedings under a limited civil restraint order should be refused where the proposed claim is totally without merit and seeks to reopen…

Where an alleged will cannot be found, due execution must still be proved on the balance of probabilities. Clear evidence is required, although the presumption…

Removal of a personal representative under section 50 of the Administration of Justice Act 1985 does not require proof of wrongdoing or breach of duty. The…

At an interlocutory stage, a claim should not ordinarily be struck out, or an amendment refused, where the issue concerns developing law and depends on facts…

A creditor’s bankruptcy petition requires a debt for a liquidated sum under Insolvency Act 1986, section 267(2)(b). A “see to it” guarantee and an indemnity…

A court may vest trust assets in a replacement trustee where the court is satisfied that the applicant is the current trustee and that the assets are trust…

An employment condition linked to deferred consideration turns on whether the employee remained employed on the specified date. That question is determined…

Sections 235 and 236 of the Insolvency Act 1986 confer a wide discretion to obtain information and documents needed by an insolvency office-holder. The court…

A contractual jurisdiction clause must be construed as a whole, giving effect to every part of the agreement. A general exclusive English jurisdiction clause…

At a without notice hearing, an applicant must present the case fairly and even-handedly. That includes explaining the respondent’s reasonably anticipated…

A freezing order may continue where the claimant shows a seriously arguable case, a real risk of dissipation and that it is just and convenient to grant…

A repairing covenant may require remediation of an inherent design or installation defect where the works remain properly characterised as repair and do not…

At a convening hearing under Part 26A of the Companies Act 2006, the court determines jurisdiction, notice, obvious and fundamental roadblocks, and the…

Rectification of a transfer for common mistake requires convincing proof that the document failed to record either a prior concluded contract or a common…

A party cannot establish an alleged oral variation or supersession of carefully drafted written agreements merely by asserting that funds were intended for…

A division of rental income does not, by itself, sever a joint tenancy in the underlying property. The court must consider why the rent was divided and whether…

When managing costs, the court sets a reasonable and proportionate budget. It does not conduct a detailed assessment in advance or approve charging rates…

For a statutory demand or winding-up petition, a debtor must show a genuine and substantial dispute or a genuine and serious cross-claim. The threshold…

An appellate court may identify errors in a trial judge’s reasoning without allowing an appeal. Intervention with primary fact-finding requires a material…

A final judgment obtained by fraud cannot ordinarily be set aside by application notice in the original proceedings. A fresh claim is required, supported by…

A company contracting with a corporate vehicle for services will not ordinarily obtain a parallel tort claim against the individuals performing those services.…

Relief from forfeiture for non-payment of rent is discretionary, but the discretion is circumscribed by established equitable principles. The usual condition…

A regulated sale and rent back arrangement is determined objectively from the pleaded case and evidence. The seller’s subjective understanding or intention is…

At a convening hearing for a restructuring plan, the court must be satisfied that the statutory jurisdictional and threshold conditions are met, that the…

A winding-up petition should not be used to determine a debt which is bona fide disputed on substantial grounds. The company must show a real prospect of…

In a complex construction project, a claimant must prove that the defendant’s tortious conduct caused delay to completion. It is insufficient to show that…

An administration order may be sought by a creditor who has a good arguable case that a debt is owing, even if the debt is disputed. Where the alleged debt is…

On a summary judgment application, the court may determine a short point of contractual construction where the evidence is sufficient and there is no realistic…

Under section 30(1)(g) of the Landlord and Tenant Act 1954, a landlord must prove a firm intention, existing at the hearing, to occupy the holding for its own…

On a consequential hearing following sanction of a restructuring plan, the court may approve the plan in its existing form where proposed releases are…

In deciding whether to sanction a restructuring plan under Part 26A of the Companies Act 2006, the relevant alternative is the outcome most likely to occur if…

The court may extend a receivership over assets where there is a serious risk, or reasonable suspicion, that freezing-order breaches may dissipate them and…

Recognition of foreign insolvency proceedings under the Cross-Border Insolvency Regulations 2006 does not itself vest rights in English land in the foreign…

An enforcement liberty in an interim order permits the court to hold parties to the order’s terms. It may include requiring the return of keys where possession…

Registered title plans show only the general position of a boundary where the exact line has not been determined. The precise boundary must be established from…

In disqualification proceedings, a director is not automatically responsible for every operational error made by a company. Directors may delegate functions…

An adjournment of a planned sanction hearing should be granted only where fairness requires it. The court must balance the benefits of obtaining clearer…

Information disclosed under a confidentiality agreement remains protected unless it is sufficiently accessible to be in the public domain. Selective disclosure…

Under section 6 of the Company Directors Disqualification Act 1986, the court must disqualify a director where an insolvent company’s conduct makes that…

Part 26A of the Companies Act 2006 permits a restructuring plan to bind a dissenting class only where the statutory conditions are satisfied and the court…

On an adjourned bankruptcy petition, the petitioner must deliver a notice of the adjournment order to the debtor. The order itself need not be served on the…

In a fraudulent misrepresentation claim arising from replies to pre-contract enquiries, the natural meaning of clear, negative replies is applied without…

A claim may be struck out where the pleading is incoherent, fails to identify a legally recognisable cause of action, or would obstruct the just disposal of…

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

On an appeal concerning statutory demands, the applicant seeking to set them aside must show a genuine triable issue on substantial grounds. The test requires…

On an application to serve proceedings out of the jurisdiction, the claimant must show a serious issue to be tried, a good arguable case within a…

A three-dimensional product shape may acquire distinctive character only where relevant consumers perceive the shape itself, rather than merely the product or…

The court may restrict disclosure in an administration where disclosure would be likely to prejudice the conduct of the administration. The power is focused…

For an in-time application under CPR r. 7.6(2), the court exercises its discretion in accordance with the overriding objective. A claimant’s delay in preparing…

Using a trust asset as security for finance does not ordinarily enable the beneficiary to trace into property acquired with the loan where the original asset…

Claims combining insolvency proceedings with ordinary company or tort claims should generally be issued separately: the insolvency claims by application and…

Permission to appeal requires a realistic prospect of success or another compelling reason for the appeal to be heard. A litigant cannot avoid that test by…

In a restructuring plan involving dissenting creditor classes, the court must identify a particular and realistically achievable relevant alternative. A vague…

In construing a will, the court identifies the testator’s intention from the natural and ordinary meaning of the words, the document as a whole, its purpose…

In a trustee blessing application, the court must first determine that the proposed act is within the trustees’ powers and is undertaken for a proper purpose.…

A claim should not be struck out merely because its contractual case is vague, where it remains legally recognisable and the claimant lacks relevant documents…

On jurisdiction and service applications, the court must decide whether the pleaded claim has a reasonable prospect of success without conducting a mini-trial.…

An opposed application to remove personal representatives under section 50 of the Administration of Justice Act 1985 will frequently be a beneficiaries’…

A proprietary injunction may be granted to preserve property where the claimant seeks proprietary relief which, if established, could result in the property…

The court’s sanction of a scheme of arrangement is not a formality or automatic approval. The court must independently consider whether the statutory…

For the purposes of Limitation Act 1980 section 35(6)(b) and CPR rule 19.6(3)(b), a new party may be substituted where the original claim cannot properly be…

Litigation privilege is determined by the document’s sole or dominant purpose, assessed realistically and commercially. The court must consider the motivation…

For balance-sheet insolvency under Insolvency Act 1986, the court must assess the commercial value of present assets against present, contingent and…

A right of way created by a will must be identified by interpreting the will in its factual setting, having regard to the salient physical features existing…

When deciding whether to admit evidence served outside a court-ordered timetable, the court applies the criteria identified in Denton v White, beginning with…

In determining whether an oral contract existed, the court may consider what the parties said and did after the alleged agreement. Such evidence assists the…

A plan attached to a lease “for the purpose of identification only” may be considered as part of the lease and used as an aid to construction. It does not…

When the court is asked to fix an administrator’s remuneration basis by reference to time under rule 18.23 of the Insolvency (England and Wales) Rules 2016, it…

Applications under paragraph 71 of Schedule B1 to the Insolvency Act 1986 require a two-stage assessment. The court must be satisfied that the disposal is…

For the purposes of regulation 7(4) of the Russia (Sanctions) (EU Exit) Regulations 2019, potential power to control an entity is not automatically established…

A website-blocking injunction under section 97A of the Copyright, Designs and Patents Act 1988 may be granted where the court is satisfied that: the…

At a scheme-sanction hearing, the court should address four questions: whether the statutory requirements and convening order were complied with; whether the…

A person may oppose recognition of a foreign bankruptcy at common law only where they have a legitimate interest in the bankruptcy itself. A commercial…

An adjournment application must be determined by applying the overriding objective to all the circumstances. A late application supported only by a…

For bankruptcy jurisdiction under Insolvency Act 1986, a debtor must have had a meaningful place of residence in England and Wales during the statutory period.…

A contractual liability cap applies according to the agreement’s objective meaning. Where an umbrella agreement governs multiple separate transactions, wording…

Expert evidence must be restricted to evidence reasonably required to resolve the proceedings. The court must first ask whether the evidence is necessary. If…

Where disputed funds are subject to a proprietary claim and a defendant seeks their release for living expenses or litigation costs, the court should ask…

A partnership agreement expressly providing that the partnership will continue while two or more partners are alive may create a partnership for joint lives…

An arbitration agreement concerning compliance with prior religious rulings and related financial issues may be construed broadly and in its contractual…

The court has jurisdiction to appoint an additional liquidator in a members’ voluntary liquidation. The jurisdiction may arise under Insolvency Act 1986…

The court may construe a will according to the testator’s evident intention where a literal reading produces an internally inconsistent result. In doing so, it…

An amendment after expiry of limitation may be permitted only if it does not introduce a new cause of action, or if the new cause arises from the same or…

Disclosure sought to support expert evidence must satisfy the court, not merely the expert, that it is relevant, necessary and proportionate. An expert’s…

An ancillary order may be made in support of a worldwide freezing injunction where it is just and convenient to make the injunction effective and to safeguard…

Summary judgment is unsuitable where the parties’ entitlement to rely on earlier judgments raises difficult questions about privity, admissibility, estoppel…

The usual rule is that the party seeking an amendment pays the costs caused by it. The court may depart from that rule where new information or events could…

A representative claim is available only where the proposed representative and represented persons have the same interest in the claim. The class must be…

Under section 112(8)(b) of the Financial Services and Markets Act 2000, the court may dissolve an insurance-business transferor without winding up where its…

On an interlocutory amendment, the court will ordinarily order the amending party to pay the costs of and occasioned by the application. It should not normally…

A claimant cannot relitigate a claim after an earlier strike-out which involved a substantive determination that the pleaded case disclosed no reasonable…

A winding-up petition should not be used to determine a debt which is disputed in good faith on substantial grounds. The threshold is not particularly high…

Summary judgment requires the applicant to show that the opposing party has no real prospect of success and that no other compelling reason requires a trial. A…

Summary judgment may be granted in an unopposed claim for a final injunction against persons unknown, including newcomers, where the claimant establishes a…

Where limitation is the sole basis of challenge, expiry of the limitation period does not mean that a claim discloses no reasonable grounds under Civil…

A personal representative who applies for removal because they can no longer perform the role will ordinarily be entitled to an indemnity for the costs of the…

On an application to restrain advertisement of a winding-up petition, the court need not determine the precise amount of the debt. The relevant question is…

A claim concerning waste deposited at a disposal facility may be summarily determined where the pleaded facts establish that the statutory ownership rule…

For the purposes of tenants’ rights of first refusal, “building” may include more than one physically separate structure where the qualifying tenants share…

Permission to amend a statement of case should be refused where the proposed case lacks a real prospect of success. The merits test requires more than an…

A contractual forfeiture provision incorporating the statutory concept of inability to pay debts on a cash-flow or balance-sheet basis requires that inability…

A company’s power to issue a call and forfeit shares must be construed coherently with its articles as a whole. Even where an article defines a call as a…

Fraudulent trading under section 213 of the Insolvency Act 1986 requires actual dishonesty, assessed by determining the defendant’s state of knowledge or…