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Cases

Hancock v Revenue & Customs Commissioners (2019)

Judgment Date: 22 May 2019

The Taxation of Chargeable Gains Act 1992 s.116(1)(b) applied where, by a single transaction, both qualifying corporate bonds (which fell outside the charge to capital gains tax (CGT) on redemption) and non-qualifying corporate bonds (which fell within the charge to CGT on redemption) were converted into qualifying corporate bonds.

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Mohammed Ali Pourghazi (Claimant) v Shahrokh Kamyab & 6 Ors (Defendants & Respondents) & (1) HSBC Private Bank Ltd (2) Investec Bank (Channel Islands) Ltd (Third Parties) (2019)

Judgment Date: 22 May 2019

A bank's application to bring a claim for marshalling, which it had subsequently assigned to a different party, had not been included within the terms of a settlement agreement and a master had been entitled to dismiss the application and award the respondents their costs of the application.

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Punjab National Bank (International) Ltd v Boris Shipping Ltd & 7 Ors (2019)

Judgment Date: 21 May 2019

A claimant was granted permission to apply for summary judgment even though default judgment was available because the defendants could have engaged with the proceedings and a summary judgment was more readily enforceable. However, the application for summary judgment was a judicial notice and it had not been served in accordance with the Hague Convention on the Service Abroad of Judicial and Extrajudicial documents in Civil or Commercial Matters 1965. There were no exceptional circumstances justifying an order for alternative service.

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Emmerson International Corp v Renova Holding Ltd (2019)

Judgment Date: 20 May 2019

A freezing order which included restraining provisions and disclosure provisions was not severable and amounted to an injunction. Accordingly, a litigant in the British Virgin Islands did not need to seek permission in order to appeal against aspects of the disclosure provisions in a freezing order, as the order as a whole constituted "an injunction" under the Eastern Caribbean Supreme Court (Virgin Islands) Act s.30(4)(ii).

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Members

P (a co inc in country A) v D (a co inc in country B) & ors (2019)

Judgment Date: 16 May 2019

Arbitrators had breached their duty under the Arbitration Act 1996 s.33 to act fairly and impartially as between the parties by reaching a decision on a core issue without the losing party's main witness being cross-examined on that issue and by basing their decision on a case which had not been argued.

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Members
Richard Morgan QC

Practice areas
Arbitration & ADR

Persimmon Homes Ltd v (1) Anthony John Hillier (2) Colin Michael Creed (2019)

Judgment Date: 09 May 2019

A disclosure letter sent as part of a data package in the course of negotiations for a share purchase could be rectified if it did not give effect to the parties' intended transaction.

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Green & Newman (as Joint Administrators of each of the Respondent companies) v SCL Group Ltd (2019)

Judgment Date: 17 Apr 2019

The administrators of companies in the Cambridge Analytica group had not breached their duties in connection with the hearing for an administration order, nor had they misconducted themselves during the administration. They would be appointed as the companies' liquidators.

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Gwinnutt v George (2019)

Judgment Date: 12 Apr 2019

Where a bankruptcy order had been made against a barrister, fees due to them pursuant to an honorarium rather than a contract automatically vested in the trustee in bankruptcy.

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Ali Mahmoud Hassan Mohamed v (1) Abdulmagid Breish (2) Hussein Mohamed Hussein Abdlmora (3) Mark James Shaw & Shane Michael Crooks (4) Libyan Investment Authority (2019)

Judgment Date: 01 Apr 2019

The court declined to make a supplementary declaration clarifying its existing declarations in a claim regarding the chairmanship of the Libyan Investment Authority.

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Alexander Tugushev v (1) Vitaly Orlov (2) Magnus Roth (3) Andrey Petrik (2019)

Judgment Date: 27 Mar 2019

The claimant, who was pursuing a claim of unlawful means conspiracy against three defendants, had a good arguable case that the first defendant, a Russian businessman, had been resident, and therefore domiciled, in England when the claim form was issued. The English courts therefore had jurisdiction to hear the claim against him.

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(1) Maria Galazi (2) Iphegenia Galazis (Claimants) v (1) Christopher Christoforou & 5 Ors (Defendants) & Wellsford Securities Ltd (Third Party) & Ors

Judgment Date: 26 Mar 2019

The court construed the words "claim" and "proceedings" in CPR Pt 38 when determining that substantial amendments made by the claimants to their particulars of claim effectively amounted to discontinuance so that they were subject to the default position under r.38.6(1) that a discontinuing party was liable to pay the other parties' costs. It considered the correct approach to the absence of a notice of discontinuance and examined the costs consequences of discontinuance and amendment.

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(1) Warwickshire Aviation Ltd (2) Terence Timms (3) South Warwickshire School of Flying Ltd (4) Take Flight Aviation Ltd v Littler Investments Ltd (2019)

Judgment Date: 25 Mar 2019

A judge had not erred in finding that an airfield owner had a reasonable prospect of obtaining planning permission to demolish buildings on the site to enable residential development, notwithstanding that the local authority's development plan contained a principle to retain and support aviation-related facilities at the airfield. The plan expected developers to contribute to achieving the principle where it was "appropriate and reasonable", conferring a discretion that allowed the local authority to take into account that the owner, for legitimate economic reasons, did not intend to re-instate the buildings' aviation-related uses even if demolition consent was refused.

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Joint Administrators Of Lehman Brothers International (Europe) (In Administration) v Revenue & Customs Commissioners (2019)

Judgment Date: 13 Mar 2019

Statutory interest payable on proven debts from a surplus in an administration under the Insolvency (England and Wales) Rules 2016 r.14.23(7)amounted to "yearly interest" under the Income Tax Act 2007 s.874. The interest was therefore subject to deductions of income tax.

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(1) Michael Rittson-Thomas (2) Hugo Rittson-Thomas (3) Kim Hughes v Oxfordshire County Council (2019)

Judgment Date: 21 Feb 2019

A local authority which had sold land granted to it under the Schools Sites Act 1841 s.2 held the proceeds of sale on trust for the original grantor's descendants. Section 14, which prevented the statutory right of reverter, operated only where the land was continuing to be used for educational purposes within s.2: it did not a prevent a trust arising where the school had been closed and the site kept vacant pending its sale. A local authority's intention to use the proceeds of sale to meet part of the costs of constructing a new school did not amount to s.2 use for the purposes of education so as to engage s.14.

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Members
Matthew Smith

Practice areas
Private Client

Asturion Foundation v Aljawharah Bint Ibrahim Abdulaziz Alibrahim (2019)

Judgment Date: 15 Feb 2019

The appellant's decision to suspend the progress of its claim against the respondent while related litigation was taking place in Liechtenstein should not have led to the striking out of the claim.

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Ali Mahmoud Hassan Mohamed v (1) Abdulmagid Breish (2) Hussein Mohamed Hussein Abdlmora (3) Mark James Shaw & Shane Michael Crooks (4) Libyan Investment Authority (2019)

Judgment Date: 14 Feb 2019

The court declared in the context of a dispute over the chairmanship of the Libyan Investment Authority that the question of which body represented the executive authority and government of Libya fell to be determined, if it arose before the English court, under English law, and that the executive authority and government of Libya had been represented since April 2017 by the Government of National Accord and the Presidency Council.

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Kamal Siddiqi v Taparis Ltd (2019)

Judgment Date: 13 Feb 2019

A tribunal judge had made a serious procedural error in finding that a bankruptcy petition was unopposed because the notice of opposition had been filed late, and that accordingly he had jurisdiction to hear the petition. He should have adjourned the hearing and transferred it to a specialist court, in accordance with CPR PD 57AA and CPR PD (Insolvency Proceedings).

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VB Football Assets v (1) Blackpool Football Club (Properties) Ltd (Formerly Segesta Ltd) (2) Owen Oyston (3) Karl Oyston (4) Blackpool Football Club Ltd (2019)

Judgment Date: 13 Feb 2019

With a view to satisfying a substantial judgment debt owed to the petitioner, it was appropriate to appoint receivers by way of equitable execution over certain assets belonging to the first and second respondents.

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Prince Arthur Ikpechukwu Eze v Conway & Anor (2019)

Judgment Date: 06 Feb 2019

A contract for a property purchase was not void or voidable despite the vendors' agreement to pay the acquisition agent a fee without the buyer's knowledge. The agent's relationship to the buyer was not such as to engage the law on bribery and secret commissions, so the agreement could not constitute a promise of a bribe or secret commission.

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BAT v Sequana (2019)

Judgment Date: 06 Feb 2019

A common law duty to have regard to creditors' interests could be triggered when a company's circumstances fell short of actual insolvency. Such a duty arose when the directors knew or should have known that the company was or was likely to become insolvent. In that context, "likely" meant probable.

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