There was no express stipulation as to the time for the repayment of loans made under informal agreements. Accordingly, the loans were either repayable without previous demand or were by implication repayable on demand.
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The vendor of a catering company was entitled to the full payment agreed as she had complied with her obligation under the agreement to introduce business worth a certain value to the company.
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The right given to a trespasser to acquire possessory title to registered land as against its registered owner by continued trespass over 12 years constituted expropriation of the owner’s property without compensation, which infringed article 1 of the First Protocol of the European Convention on Human Rights, guaranteeing peaceful enjoyment of property.
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In default of an indication to the contrary, the parties to a commercial agreement were supposed to have intended that changes to indexes to measure price increases would be made in accordance with the normal commercial practice of index-linking.
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A person who obtained, by an assignment or by a statutory provision, the right to pursue a claim under a contract which included an arbitration agreement could only enforce that right in accordance with the terms of the contract and subject to such limitations as the terms imposed, including the obligation to enforce it by arbitration.
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Evidence of the negotiations towards a proposed collaboration agreement that was never concluded, and of the parties' subjective intentions, was inadmissible for the purpose of construing a separate agreement reached by the parties as such evidence was not part of the essential factual matrix and was irrelevant to the construction of the agreement.
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It was correct to refuse an application for permission to continue a derivative action on behalf of a company in circumstances where if the applicant was successful in claims in his personal capacity he would be in a position to ensure that the company's claims were pursued and if he was unsuccessful the company's claims would be finally determined
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A letter of agreement and an e-mail containing a caveat could be read together in such a way as to make sense and to constitute an agreement with sufficient certainty for it to be enforceable.
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When an application was made to adduce new evidence before a trial judge, after judgment but prior to an order being made, the principles established by the Court of Appeal in Ladd v Marshall ((1954) 1 WLR 1489, 1491), were to be applied with more flexibility than they might be by the Court of Appeal. However, the threshold before new evidence would be admitted was a high one.
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In the absence of sufficient evidence of any relevant, objectively clear, unequivocal, unambiguous and unconditional promise by underwriters that they would not rely upon a limitation provision in an insurance policy, the underwriters were not estopped and had not waived their right to seek summary judgment in respect of claims brought outside that limit.
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