Practice Summary judgment. An insolvency practitioner applied for summary judgment in respect of a claim brought against him by a liquidator of a company under s238(4)(a) of the (transactions at an undervalue). The Companies Court granted the application, having held that there was no prospect of the claim succeeding where the company had not entered into a transaction which the liquidator could review.
Practice Pre-trial or post-judgment relief. The Queen's Bench Division, in refusing the defendants' application to discharge a worldwide freezing order obtained without notice against them by the claimant company, held that, for the time being, such an order was justified. There was a real risk of dissipation of the defendants' assets and there was a good arguable case of fraudulent misrepresentation by the second and third defendants.
Data protection Processing of information. The Court of Appeal, Civil Division, in allowing the defendant credit reference agency's appeal, held that the defendant had not breached its obligations under the nor had it owed the claimant a concurrent duty in tort in circumstances where the defendant had included an incorrect entry in the claimant's credit file.
Sale of land Damages for breach of contract. The Court of Appeal, Civil Division, dismissed a would-be house buyer's appeal against an award of damages made against him in respect of his pulling out of the purchase. The correct date for assessment of damages for repudiation of contract was the date on which the vendors had ended their reasonable attempts to sell the property and had moved back in; a market value which was significantly lower than it had been at the intended date of completion.
Town and country planning Development. The Administrative Court, in dismissing an application under s288 of the challenging the lawfulness of the grant of planning permission by the Secretary of State, held that the had not brought about a fundamental change in the proper approach to planning applications so as to vitiate the conclusions reached by the Secretary of State.
Kutchukian v Keepers and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon (in the capacity of trustees of John Lyon's Charity)
Landlord and tenant Leasehold enfranchisement. The Court of Appeal, Civil Division, held that the Upper Tribunal (Lands Chamber) had erred in determining that the valuation of the freehold of a property for the purposes of purchase by leaseholders should proceed with a discount being applied to reflect uncertainties created by a legal issue; the legal issue had to be determined for the valuation to proceed. However, the tribunal, which in any event expressed a view as to the determination of that legal issue, had reached the correct view.
Local authority Land. The claimant charity sought to purchase land from the defendant local authority to build a school. The authority resolved to sell the land to the interested party. The charity sought judicial review on the basis that the sale to the interested party would breach the authority's duty under of the Local Government Act 1972. The Administrative Court, in dismissing the claim, held that, even though some of the criticisms of the authority's conduct had been justified, the proposed sale had been unquestionably lawful.
Company Winding-up. The Court of Appeal, Civil Division, upheld a decision that, upon a company being placed into members' voluntary liquidation, once contingent claims had been admitted to proof, the liquidators had no alternative but to proceed to value those contingent claims under r4.182A of the Insolvency Rules 1986, , and then to distribute the net assets to the members after satisfying the creditors in the amount of the valuations. There was no legal duty on a liquidator who had already valued contingent claims and had admitted them to proof in the amount of the valuation to provide for the contingency in full by making a reserve against any distribution to members of the company.
Costs Assessment. The defendants had been unsuccessful in a boundary dispute. On a detailed assessment, the deputy master had found the legal costs proportionate and issued costs certificates, including the costs of the detailed assessment of two solicitors' firms engaged by the claimants. The defendants appealed. The Queen's Bench Division, in dismissing the appeal, held that the deputy master's conclusion had not been outside the ambit of his discretion, and that it had been reasonable for the claimants' original solicitors to be separately representedat the detailed assessment.
Landlord and tenant Lease. The respondent leaseholder obtained, by summary judgment, an order that the appellant lessor provide to the respondent an account of expenses and service charges as required under the lease for the years 2003-2007. The appellant appealed, contending that the judge had erred in his construction of the lease and that it was not possible for it to provide the account sought. The Chancery Division dismissed the appellant's arguments on construction of the lease and held that the appellant had had an arguable defence in respect of 2003, but not in respect of the other years.