*Wright v Nationwide Building Society

Charging order Judgment debt. Court of Appeal, Civil Division: The court ruled that the legislative policy underlying s346(1) of the was that a creditor who had issued execution against the land of a person who was adjudged bankrupt was not entitled, as against the trustee in bankruptcy, to retain the benefit of that execution unless the execution was completed before the commencement of the bankruptcy; that was to say, unless the execution was completed before the bankruptcy order was made.

Excelsior Group Productions Ltd v Yorkshire Television Ltd

Contract Construction. Queen's Bench Division, Commercial Court: Where the parties had entered into three agreements regarding the transmission of television programmes on a terrestrial television, ITV, which provided for a fee to be paid to the claimant if the programme was to be repeated on that channel, the claimant was not entitled to a repeat fee since the repeat programmes had been transmitted on digital television channels ITV2 and ITV3 which had not been provided for in the agreement.

*Churchill Dulwich Ltd (in liquidation) and others v Metropolitan Resources Ltd

Employment Continuity. Employment Appeal Tribunal: The employment tribunal had correctly approached the issue of whether there had been a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, , and had been entitled to conclude that, in the circumstances of the instant case, there had been such a transfer.

Bromley Park Garden Estates Ltd v Mallen and another

Arbitration Award. Chancery Division: The claimant landlord's application, pursuant to of the Arbitration Act 1996, challenging the arbitration award of the second defendant arbitrator in a rent review dispute between the landlord and the first defendant tenant, was dismissed, where a refusal to order disclosure of documents by the tenant had not amounted to a serious irregularity affecting the tribunal within s 68 of the 1996 Act.

Colour Quest Ltd and others v Total Downstream UK plc and others

Negligence Duty of care. In dealing with issues of liability arising out of the Buncefield explosion in December 2005, the court ruled, inter alia, that where there had been negligence on the part of the defendant, the defence of consent to Rylands v Fletcher was not available.

Akzo Nobel UK Ltd v Arista Tubes Ltd

Contract Construction. Chancery Division: The claimant company's claim for specific performance of an agreement for the grant to the defendant of underleases of the premises in question was dismissed on the basis that the defendant company having served a valid notice to terminate the agreement, pursuant to para 11 of Sch 7, it was not obliged to complete the underleases.

Akzo Nobel UK Ltd v Arista Tubes Ltd

Contract Construction. Chancery Division: The claimant company's claim for specific performance of an agreement for the grant to the defendant of underleases of the premises in question was dismissed on the basis that the defendant company having served a valid notice to terminate the agreement, pursuant to para 11 of Sch 7, it was not obliged to complete the underleases.

Associated British Ports (a company created under statute) v Ferryways NV and another

Indemnity Guarantee distinguished. Court of Appeal, Civil Division: Applying the principle that whether a document was a guarantee or an indemnity would always depend upon the true construction of the actual words in which the promise was expressed, the court held that a letter agreement between the claimant and the second defendant constituted a guarantee imposing a secondary liability, and not an indemnity or binding letter of comfort. Moreover, on the facts that liability had been discharged by a subsequent agreement.

Bole and another v Huntsbuild Ltd and another

Contract Damages for breach. Queen's Bench Division, Technology and Construction Court: The court found that a house as built by the first defendant contractor was unfit for habitation under s1 of the in that it was built with unstable foundation which had resulted in movement and cracking and other defects cause by heave.

*In re McE In re M In re C (AP) and another

Privilege Legal professional privilege. The House of Lords ruled that Parliament had intended that covert surveillance provisions of the should extend to the type of lawyer-client and doctor-patient consultations which were ordinarily protected by legal professional privilege; but that such surveillance would infringe the rights of the client-patient under art8 of the European Convention on Human Rights.