Wilkinson v JS Property Holdings Inc (2016)

Judgment Date: 27 May 16

Summary The claimants were entitled to maintain a tracing claim in relation to a property which had been purchased by a company using damages held on trust for the claimants. Their claim was not statute barred because a relevant fact which they alleged had been concealed could not with reasonable...

R (on the application of William Graham) v Revenue & Customs Commisioners (2016)

Judgment Date: 26 May 16

Summary Accelerated payment notices and partner payment notices had been validly issued by the Revenue pursuant to the Finance Act 2014 in respect of partnerships which were notifiable under the applicable disclosure of tax avoidance schemes (DOTAS) provisions, having regard to the transitional provisions in the Tax Avoidance Schemes (Prescribed Descriptions...

Courtwood Holdings SA v Woodley Properties LTD & 11 ORS (2016)

Judgment Date: 18 May 16

Summary It was not unarguable, nor was there no reasonable prospect of success in establishing, that there had been a breach of fiduciary duty and knowing receipt of profits arising out of that breach by a group of defendants with inter-related corporate vehicles in relation to a farm property development....

Tuscola Ltd v Y2K Co Ltd (2016)

Judgment Date: 17 May 16

Summary Borrowers who had not repaid a loan on time and had not properly complied with the terms of an offer of settlement made by the lender were not entitled to possession of two Land Registry "Form DS1s" which would cancel entries on the Land Register relating to charges...

Lord Chancellor v Blavo (2016)

Judgment Date: 04 May 16

Contested application for freezing order against managing director of firm of solicitors accused of £22m fraud against the Legal Aid Agency (as sole advocate).

Mark Holyoake & Hotblack Holdings Ltd v Nicholas Candy (2016)

Judgment Date: 29 Apr 16

Summary The court had jurisdiction under the Senior Courts Act 1981 s.37 to grant a notification injunction restraining defendants in an unlawful means conspiracy claim from disposing or dealing with their assets without prior notification. The injunction was granted as the claimants had demonstrated a good arguable case that there was...

Holyoake v Candy & 5 ors (2016)

Judgment Date: 29 Apr 16

Summary The court had jurisdiction under the Senior Courts Act 1981 s.37 to grant a notification injunction restraining defendants in an unlawful means conspiracy claim from disposing or dealing with their assets without prior notification. The injunction was granted as the claimants had demonstrated a good arguable case that there was...

Asset Land Investment PLC v Financial Conduct Authority (2016)

Judgment Date: 20 Apr 16

Summary Certain "land banking" schemes, under which a company marketed plots of land on sites to investors by undertaking to progress planning procedures at the sites, procure the sites' sale and pay the investors a share of the consideration, were unauthorised collective investment schemes within the Financial Services and Markets...

Ennismore Fund Management Ltd v Fenris Consulting Ltd (2016)

Judgment Date: 19 Apr 16

Summary On the proper construction of a "clawback" agreement between a hedge fund and its fund managers, the hedge fund could claw back a discretionary bonus paid to an individual fund manager only if it could establish a causal link between the losses sustained by the funds for which that...