Results.
7 judgments found.
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| September 2024 |
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Summary judgment refused where triable disputes exist about authority, acknowledgment of assignment, and alleged fraud.
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Civil procedure — Summary judgment (Order 12 r.23–27 CPR 2017) — Assignment of proceeds as security — Agency and authority to bind third parties — Alleged fraud/inducement — Existence of triable factual disputes.
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23 September 2024 |
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Court refused to forfeit a bonded motor vehicle for late passport surrender, applying substantial justice and not punishing counsel‑caused delay.
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Bail conditions — bonded property — forfeiture for non‑compliance; substantial justice over technicality; liability for counsel’s procedural failures; exercise of judicial leniency.
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17 September 2024 |
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Emails revised the payment schedule but did not waive the contract expiry; repossession under Clause 14.2 was lawful and claimant's claim dismissed.
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Contract — Hire-purchase — Variation and waiver of payment terms by conduct and correspondence — Waiver by estoppel vs election — Repossession under contractual clause after default — Requirement to plead alleged breach/fraud and prove loss.
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13 September 2024 |
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Interlocutory injunction perpetuated where dispute exists whether respondent exceeded power of sale and damages would be inadequate.
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Interlocutory injunctions — American Cyanamid principles — serious question to be tried; adequacy of damages — perishable and depreciating business assets; power of sale under power of attorney; preservation of status quo; defendant’s retention as party despite transfer/registration.
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5 September 2024 |
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Court refused to dismiss for want of prosecution and ordered mediation, citing court-attributable delay.
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Civil procedure — dismissal for want of prosecution — court’s inherent jurisdiction — undue delay partly caused by court’s failure to fix mediation date — order for mediation instead of dismissal; no order as to costs.
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3 September 2024 |
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Whether to discharge an interlocutory injunction and summarily dismiss a bank’s power-of-sale claim amid disputed loan figures and unregistered charges.
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Interlocutory injunctions — American Cyanamid test — serious question to be tried; adequacy of damages; balance of convenience. Power of sale — Registered Land Act — requirement to register subsequent charges; effect of failure to register. Equitable mortgage by deposit of title deeds. Duty to provide full statement of account and reconciliation. Summary disposal — no arguable case threshold
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3 September 2024 |
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Claimant in rent arrears; landlord’s seizure (distress) and sealing lawful; claimant’s tort and excess‑distress claims fail.
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Landlord and tenant — rent arrears — distress for rent — right to distrain by landlord or authorised officers without warrant — sealing of premises and re‑entry under lease — excess distress and damage — force majeure (COVID‑19) not available absent clause — false imprisonment and defamation not proved — counterclaim barred while distress subsists.
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3 September 2024 |