Arguments put forward by residents of a Cornish holiday village that they are entitled to withhold service charges until their landlord has complied in full with repair and maintenance covenants under their leases have been rejected. The Court of Appeal ruled that the tenants were
English proceedings in respect of an alleged $6 million debt have been stayed pending the outcome of closely connected proceedings in France. Although the contract under which the claim was made conferred exclusive jurisdiction on the High Court of England and Wales, the court ruled
A professional firm must pay more than £300,000 in compensation after mistakenly releasing a bank’s funds in respect of a £3.3 million mortgage advance prior to completion and without authority. The firm admitted that it had been negligent and the Court of Appeal has now
Employers are entitled to offer older workers bigger redundancy packages than their younger colleagues even if the duration of their service is identical. Rejecting a direct age discrimination claim brought by a civil servant, the Employment Appeal Tribunal ruled that the different treatment of older
An ex-local authority worker who is said to have mounted a vitriolic campaign against his former employer and others has been ordered to desist by the High Court. Issuing an interim injunction against the man, the court accepted that there was a good arguable case
In a case which underlines the wisdom of taking impartial investment advice, a former hedge fund manager who was persuaded by a family friend to plough his personal fortune into what turned out to be a fraudulent Ponzi scheme has suffered defeat in his £26
When property is used for a purpose that is not in accordance with the planning permission, the relevant planning authority will generally take steps to stop the breach of planning regulations. However, where a person is a ‘long user’ of the property in breach of
A dissatisfied party to arbitration proceedings in respect of a contract for the sale of a new-build vessel has failed to convince the Commercial Court that the proceedings were infected by serious irregularity. Arguments that the arbitrators had exceeded or misinterpreted their powers in re-opening
A couple who defaulted on their £500,000 mortgage have failed to convince the High Court that the loan is unenforceable by reason of the lender’s failure to comply with the safeguards contained within the Consumer Credit Act 1974. The court rejected the householder’s plea that
A woman whose family lost £1.5 million in a ‘classic Ponzi scheme’ has suffered a setback in her quest to prove that her bank, through one of its senior employees, gave ‘dishonest assistance’ to the fraudsters. The Court of Appeal struck out her counter-claim against
