A material variation of an original loan agreement between the lender and the principal debtor could constitute a replacement of that agreement, so that the liability of a guarantor who had agreed to pay sums falling due under the old agreement did not extend to the increased loan under the varied agreement.
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Following the ECJ judgment in BHB v William Hill, the defendant sought to avoid its obligations under a licence agreement for the supply of horseracing data. The defendant’s application for leave to amend the defence, to plead abuse of dominant position by attempting to charge excessive prices, was refused. This was a notoriously burdensome allegation, and it required unfair prices, not just high prices. The defendant’s pleading was inadequate and did not justify an allegation of unfair pricin ...
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An injunction could be granted despite the fact that there existed a contract for services in the form of a time charter and a fiduciary relationship of mutual trust and confidence.
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Final terms and conditions, signed by a client, correctly describing a fundamentally different investment product to that previously misrepresented to the client orally did not nullify the prior oral misrepresentation concerning the nature of the investment product.
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There was no justification for the introduction, whether as an implied term or as a rule of law or by a previously unknown extension of the doctrine of repudiatory breach or on any other basis, of a novel form of protection for insurers.
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The provisions of CPR Part 36 and of CPR Part 44 encouraged the approach that at the conclusion of a trial of a preliminary issue where there had been a Part 36 payment in or a Part 36 offer, the question of costs should be adjourned pending the resolution of all the issues including damages, at which stage the quantum of the Part 36 offer could be revealed and the discretion in relation to costs exercised in the knowledge of it.
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While the availability of an alternative remedy was an important factor to consider when determining whether or not to grant permission to continue a derivative action under CPR r.19.9, it was not an absolute bar. The central question for the court was whether an independent board would have sanctioned the pursuit of the proceedings.
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Whether a person, over whom a requesting court had asked the English court to exercise its jurisdiction, was within the jurisdictional reach of the requesting court was not relevant to the existence of the jurisdiction of the English court to apply the insolvency law of the requesting court upon a request made to it under section 426(5) of the Insolvency Act 1986. That was an issue that went to the exercise of the court's discretion to give assistance as requested.
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An application for the disqualification of a director of an insolvent company as being unfit to run a company could properly be characterised as insolvency proceedings. Accordingly, no permission was required for an appeal from a decision of the registrar to a single judge of the High Court.
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Where a consignment of vodka was released by a taxpayer company from its bonded warehouse under an excise duty suspension arrangement and was subsequently fraudulently diverted, the company was liable to duty in respect of it.
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