There was no rule or statute to prevent a charging order being expressed in a foreign currency, being the currency in which the parties had chosen to deal. Where later had it become clear that currency fluctuations disadvantaged the judgment creditor, the court was entitled in the exercise of its discretion to refuse to amend the judgment debt.
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The drawer of company cheques with an error was liable for payment even though the cheques were not presented for payment.
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The equitable doctrine of election, under which a party could not take the benefit under an instrument or judgment without taking the accompanying burden, was applicable to litigation where the party had put forward inconsistent arguments either before or during the proceedings.
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A bank owed a duty to an investment fund to exercise reasonable care to ensure that the advice it gave was sound and the nature and terms of the contracts governing the parties' relationships were not inconsistent with an assumption of responsibility by the bank to the fund for the quality of the advice it provided.
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An adjournment of a bankruptcy petition was wholly unreasonable where the district judge had accepted that the sum was repayable and that the debtor had no defence to the petition and where there had been no evidence of the debtor's ability to pay a small debt.
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A liquidated damages clause will not be rendered unenforceable as a penalty merely because the genuine pre-estimate of damage turns out to be inaccurate unless the difference between the actual and estimated damage is not excessive.
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The respondent creditor should not be prevented from presenting a winding-up petition unless the winding-up proceedings would amount to an abuse of process. For that to be the case, the court had to be satisfied that the debtor had a genuine and serious case to establish a cross-claim greater than the debt on which the statutory demands underlying the petition were based.
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A Quistclose trust would not arise unless the person advancing money clearly intended to restrict the freedom of the recipient to dispose of the money being advanced other than to discharge a stipulated purpose.
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Save in exceptional circumstances, it was not open to the bankruptcy court to review the manner in which tax assessments, on which the petition was based, had been made, much less to investigate the merits of the assessments.
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The proper scope of the common law rule relating to fraudulent insurance claims was to forfeit the whole of the claim to which the fraud related, with the effect that the consideration for any interim payments made by the insurer prior to the fraud in respect of genuine loss on that claim failed, and those payments were recoverable by the insurer from the insured.
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