Application for Stay pending Arbitration - Whether request for arbitration – Whether words “Notice is imminent” negates request - Whether filing legal action amounts to election not to arbitrate.
CONTRACT – Lease – Representations- Whether oral collateral agreement that lease would be renewed – Whether oral collateral agreement that tenant would be compensated – Estoppel – Whether landlord estopped from exercising legal rights under terms of the Lease – Expert Evidence – Whether replacement cost at date of claim relevant.
Civil Procedure - Default Costs Certificate - Rule 65.22 of the Civil Procedure Rules-Application to set aside - Whether paying party entitled to set aside Default Costs Certificate - Both parties in technical breach of the rules - Good Reason - Points of Dispute.
Application for Summary Judgment - Whether Defence has real prospect of success – Loan - Guarantee and Indemnity - Whether misrepresentation about time of disbursement – Application post dates misrepresentation - Whether guarantor‟s error exculpatory.
Application for payment of money held as security - Injunction discharged - Whether undertaking as to damages implied – Whether damage or loss is to be set off against money held as security – Foreclosure – Whether mortgagor entitled to refund of money held as security.
Application for Summary Judgment - No dispute of fact – Whether Guarantor who signed as director of principal borrower privy to change of contract agreement – Whether liable in his capacity as Guarantor – Whether Consumer Protection Act applicable.
Striking Out – Application by First Defendant – Further, Further Amended Particulars of Claim- No leave to file obtained - Whether new cause of action – Whether Limitation bar- CPR Rules 20.4; 26.3 and 26.9.
