swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Equity - From: 1997 To: 1997
This page lists 10 cases, and was prepared on 21 May 2019.
In re Bank of Credit and Commerce International SA (No 8); HL 1997 - [1998] AC 214; [1997] 4 All ER 568
Bank of Credit and Commerce International SA (No 8) [1997] 4 All ER 568
1997
CA
Equity
A security was granted to secure a debt owed by a third party.
1 Cites
1 Citers
Grand Metropolitan plc v Wm Hill Group Ltd [1997] 1 BCLC 390
1997
Equity
The court considered the standard of evidence required to allow rectification of a document.
1 Citers
Union Eagle Limited v Golden Achievement Limited; PC 3-Feb-1997 - Times, 07 February 1997; [1997] UKPC 5; [1997] 2 WLR 341; [1997] AC 514; [1997] 2 All ER 215
Swindle, Fillmore, Cox, Rowett v Harrison and Harrison Times, 17 April 1997; [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.
1 Citers
[ Bailii ]
Isle Rust v John Rust [1997] EWCA Civ 1903
19 Jun 1997
CA
Equity
[ Bailii ]
Maguire v Makaronis (1997) 188 CLR 449; [1997] HCA 23; (1997) 144 ALR 729; (1997) 71 ALJR 781
25 Jun 1997
Brennan CJ, Gaudron, McHugh, Gummow, Kirby JJ
Commonwealth, Equity, Legal Professions, Damages
High Court of Australia - Equity - Fiduciary duties - Solicitor and client relationship - Mortgage by clients in favour of solicitors - Ascertainment of particular fiduciary duties.
Equity - Equitable remedies - Rescission - Relevance of causal connection between breach of fiduciary duty and execution of mortgage - Scope of equity for rescission - Whether clients required to "do equity" by honouring contractual obligation to pay principal and interest secured by mortgage - Rate of interest payable on principal sum outstanding under mortgage.
Legal practitioners - Solicitor and client relationship - Mortgage by clients in favour of solicitors - Fiduciary duties - Equitable remedies.
"In Australia, the measure of compensation in respect of losses sustained by reason of breach of duty by a trustee or other fiduciary is determined by equitable principles and . . these do not necessarily reflect the rules for assessment of damages in tort or contract."
1 Citers
[ Austlii ]
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
The court referred to "the distinction between the common law defence of abatement and the defence of equitable set-off".
1 Citers
[ Bailii ]
Taylor v Dickens and Another; ChD 24-Nov-1997 - Times, 24 November 1997; [1998] 1 FLR 806
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) Times, 14 January 1998; Gazette, 04 February 1998; [1997] EWCA Civ 3068; [1998] 4 All ER 675; [1998] 2 BCLC 659
19 Dec 1997
CA
Mummery LJ
Equity, Contract
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."
1 Cites
1 Citers
[ Bailii ]