Law Report: Case Summaries 24 May 1999
THE FOLLOWING notes of judgments were prepared by the reporters of the All England Law Reports.
Raja v Rubin and anor; CA (Hirst, Peter Gibson, Clarke LJJ) 19 Mar 1999. ALTHOUGH THE Insolvency Act 1986 contained no provision for the variation of an individual voluntary agreement (IVA) between a debtor and his creditors once it had been approved, and there was no machinery or scope under the Act for a further creditors' meeting to vary the IVA, creditors interested in the IVA could none the less agree with the debtor a variation which amounted to an informal arrangement. Victor Joffe, Timothy Collingwood (Bowling & Co) for the appellant; Edward Bailey (Edwin Coe) for the first respondent; David Halpern (Ralph Davis) for the second respondent. Discovery Bourns Inc v Raychem Corp and ors; CA (Sir Stephen Brown P, Swinton Thomas, Aldous LJJ) 30 Mar 1999. WHERE DOCUMENTS which were relevant to an issue and which should therefore be disclosed in the interests of justice were disclosed for the purposes of taxation, an implied undertaking arose so that they could only be used for the purposes of those proceeedings. Where privilege was waived with respect to the documents because they were not disclosed as a result of a court order, that privilege was not waived generally, but only for the purpose of the taxation proceedings. Michael Silverleaf QC (Linklaters & Paines) for the respondent; Michael Bloch QC (Clifford Chance) for the appellant. Trustee Wight and anor v Olswang and anor; CA (Peter Gibson, Potter LJJ, Blofeld J) 29 Apr 1999. IF A professional trustee wished to exclude liability for breaches of trust or negligence the settlement should contain clear and unambiguous words to that effect, since the court would be astute not to construe an exemption clause beyond its natural meaning. A clause which was limited on its face to exempting a trustee from liability for loss or damage accruing only from the trustee concurring or failing to concur in the exercise of an absolute and uncontrolled discretion or power was not sufficient to exempt paid trustees from breaches of trust and duty. Charles Turnbull (Hecht & Co) for the plaintiffs; Alan Steinfeld QC, Teresa …
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Publication information: Article title: Law Report: Case Summaries 24 May 1999. Contributors: Not available. Newspaper title: The Independent (London, England). Publication date: May 24, 1999. Page number: 7. © 2009 The Independent - London. Provided by ProQuest LLC. All Rights Reserved.