The High Court has held that a conclusive evidence clause in a deed purporting to be an indemnity indicated that the liability of the indemnifier under the deed was a primary liability – the deed was therefore an indemnity, not a guarantee.
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The Court of Appeal has overturned the first instance decision in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and another [2013] EWHC 1279 (Ch).
The High Court has considered the effect, on a claim for adverse possession of registered land, of section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which makes it a criminal offence to trespass by “living” in a residential building.
The High Court has considered the meaning of a clause which transferred the benefit of “all advantages of a continuous nature” enjoyed by a property and whether this could include rights of way.
The High Court has refused an application by a tenant for judicial review following refusal by the County Court to grant permission.
The Court of Appeal has refused to allow a “mechanistic” application of the “damages are an adequate remedy” rule to prevent the victim of a contractual breach from obtaining injunctive relief in order to enforce compliance with the primary obligations under the contract.
The High Court has dismissed two applications relating to a worldwide freezing injunction in respect of the defendants’ assets.
On 13 March 2014, the Anti-social Behaviour, Crime and Policing Act 2014 received Royal Assent. The Act:
The court has struck out as an abuse of process a technical and complex claim, the quantum of which it had assessed at £83.
The Court of Appeal has ruled that a firm of solicitors who paid over a mortgage advance to the seller’s solicitors in breach of trust should not be relieved of liability under section 61 of the Trustee Act 1925 (section 61)