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.
Recently The Leasehold Reform (Amendment) Bill passed through the House of Lords and is awaiting Royal Assent.
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.