The rule which prevented an enemy national, resident in the enemy country from bringing an action in an English court applied only when there was a state of war in the technical sense.
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Interim injunctive relief: In the circumstances, a judge had been entitled to grant an interim injunction prohibiting the use of an area of public highway for market trading activities. If the circumstances arose that the value of the interim injunction expired before the matter came to trial it would then be a commercial decision for the parties whether or not to proceed to trial.In the circumstances a judge had been entitled to grant an interim injunction prohibiting the use of an area of publ ...
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An administrator's liabilities to employees of a company in administration for protective awards and payments in lieu of notice were not payable in priority to administration expenses pursuant to paragraphs 99(4) to (6) of Schedule B1 to the Insolvency Act 1986 save for any payments in lieu falling within the first category in Delaney v RJ Staples.
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Proceedings in Korea issued by a bank under the terms of a letter of credit and a letter of indemnity were bound to fail since the English court had been seized of jurisdiction, however, an anti-suit injunction would not be made in favour of an exporter since it could not be said that tortious elements of the claim in Korea were bound to fail.
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Freezing orders would be continued as it had been established that there was at least a triable issue as to whether the parties, which had been subject to the injunctions, had acted dishonestly in a series of transactions aimed at avoiding the payment of VAT by means of acquisition frauds.
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A claim by a bankrupt's wife seeking to challenge the conduct of a trustee during the course of her husband's bankruptcy proceedings had been devoid of any merit, and accordingly an order for judgment in default of defence was set aside and the claim dismissed.
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Where a fiduciary had made a profit from inducing the respondents, by his fraudulent representations, to enter into a joint venture to acquire a hotel, the appropriate remedy was that the fiduciary should disgorge all the profits, whether of a revenue or capital nature, subject to any allowances permitted by the court on the taking of the account.
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An action for a limitation decree under the Merchant Shipping Act 1995 could be brought in England in the absence of an action to enforce a claim subject to limitation. The existence of a limitation decree in England did not make the pursuit of liability proceedings in Texas unconscionable.
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CPR 69.7(2) was confined to remuneration of a receiver, and the language of that rule could not be stretched to include expenses of the receiver. In the instant case, the judge exercised his discretion under the rule and ordered Customs to pay remuneration of a receiver appointed under section 77(8) of the Criminal Justice Act 1988.
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The mere fact that two parties proposed in a letter that their agreement should be contained in a formal contract to be drawn and signed in the future did not preclude the conclusion that they had already informally contractually committed themselves on exactly the same terms.
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