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Equity - 1997

Equity. See also Trusts

These cases are extracted from a very large database. The entries on that database are now being published individually to the main swarb.co.uk website in a much improved form. As cases are published here, the entry here will be replaced by a link to the same case in that improved form on swarb.co.uk. In addition the swarb.co.uk site includes very substantial numbers of cases after 2000. Please take the time to look.  

This page lists 9 cases, and was prepared on 21 October 2013. These case are being transferred one by one to the main swarb.co.uk site which presents them better, with links to full text where we have it, and much improved cross referencing.
Bank of Credit & Commerce International SA (No 8) [1997] 4 All ER 568
1997
CA
Equity Casemap
1 Cites
1 Citers
A security was granted to secure a debt owed by a third party.
Barclays Bank Plc -v- Estates and Commercial Limited; CA 1997
Grand Metropolitan plc -v- Wm Hill Group Ltd [1997] 1 BCLC 390
1997

Equity
1 Citers
The court considered the standard of evidence required to allow rectification of a document.
Union Eagle Limited -v- Golden Achievement Limited; PC 03-Feb-1997
Stephen Swindle Timothy Millard Fillmore Tony Charles Cox Rosalind Helen Rowett -v- Miles Justin Harrison Mary Agnes Harrison [1997] EWCA Civ 1339
25 Mar 1997
CA
Equity, Legal Professions, Undue Influence
Negligence short of fraud gave no right to damages for non-disclosure.
[ Bailii ]
Isle Rust -v- John Rust [1997] EWCA Civ 1903
19 Jun 1997
CA
Equity
Link[s] omitted
Mellowes Archital Limited -v- Bell Projects Limited [1997] EWCA Civ 2491; [1997] 87 BLR 26
15 Oct 1997
CA
Hobhouse LJ, Buxton LJ
Construction, Equity
1 Citers
The court referred to "the distinction between the common law defence of abatement and the defence of equitable set-off".
[ Bailii ]
Taylor -v- Dickens and Another [1998] 1 FLR 806
24 Nov 1997
ChD
Equity Casemap

The court has no general equitable power to enforce a promise even though broken in unconscionable circumstances.
MCC Proceeds Inc (Incorporated Under the Laws of the State of Delaware, USA As Trustee of the Maxwell Macmillan Realization Liquidating Trust) -v- Lehman Brothers International (Europe) [1997] EWCA Civ 3068; [1998] 4 All ER 675; [1998] 2 BCLC 659
19 Dec 1997
CA
Mummery LJ
Equity, Contract Casemap
1 Cites
1 Citers
The owner only of an equitable interest in goods may not assert his interest against a bona fide purchaser of the legal title to the goods. International Factors v. Rodriguez was decided per incuriam to the extent that it held that equitable rights conferred a status to sue in conversion, or that the holding was obiter.
Mummery LJ said: "There was no valid reason for Macmillan not joining LB as a defendant to the first action, so that all claims in relation to the title to the Berlitz shares could be decided in the same action and bind all interested parties . . it is an abuse of the process of the court to bring [the action] against LB: the substantial issue raised in it (i.e. the title to the Berlitz shares) has already been decided, on both law and fact, in the first action in circumstances which preclude the parties in this action from attempting to litigate that issue again."
Link[s] omitted

All information on this site is in general and summary form only. The content of any page on this site may be out of date and or incomplete, and you should not not rely directly upon it. Take direct professional legal advice which reflects your own particular situation.
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