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)
The Civil Procedure (Amendment) Rules 2014 (SI 2014/407) (2014 Rules) were made on 24 February 2014 and laid before Parliament on 27 February 2014. The 2014 Rules amend the Civil Procedure Rules 1998 (SI 1998/3132).
On 26 February 2014, the Supreme Court delivered an important judgment on the principles of private nuisance. The case related to a noise nuisance caused by the Respondents’ motocross and speedway stadium.
The Court of Appeal has revisited the question of when an insolvent company’s liability to pay rent will rank as an expense of its administration or liquidation.
The Supreme Court considered a claim based on negligent misrepresentation made in pre-contractual negotiations.
In Donovan and another v Rana and another  EWCA Civ 99, the Court of Appeal has held that a transferee of a residential building plot had impliedly been granted an easement by way of common intention to lay their public utility services in the transferor’s retained land to connect to the mains services in the public highway.
The High Court has considered the effect of a priority clause in the interpretation of two allegedly conflicting contract terms. (Alexander v West Bromwich Mortgage Co Ltd  EWHC 135 (Comm))
HHJ Jarman QC refused to grant the claimant relief from sanction for failing to pay hearing and application fees by the time specified in an unless order, with the result that its claim was struck out.
The Court of Appeal has refused an application for permission to adduce fresh evidence on a second appeal. The principles governing the admission of fresh evidence on appeal are set out in Ladd v Marshall  1 WLR 1489.
PGF II SA-v-OMFS Company 1 Limited (23/10/2013) – a party can be severely penalised for failing to engage in alternative dispute resolution. The Court of Appeal has for the first time had to decide whether and how to punish a party for failing to respond to a request by the other party to mediate. PGF II SA-v-OMFS Company 1 Limited (23/10/2013)