Godfrey v Torpey & Ors (2006)

Judgment Date: 05 May 06

Summary Where a claimant had brought proceedings against a party for the recovery of unsecured debts, and that party allegedly had a beneficial interest in property, those proceedings amounted to a "pending land action" for the purpose of the Land Registration Act 2002 s.87 and the claimant was entitled to register...

Coors Holdings Ltd V Dow Properties Ltd (2006)

Judgment Date: 04 May 06

Summary The terms of a lease and the facts disclosed with clarity that, for rent review purposes, only the part of demised premises that consisted of a site excluding a building should be valued for determining the open market rental value of the demised premises. Facts The claimant landlord (C)...

H M Revenue and Customs v Hyde Industrial Holdings Ltd (2006)

Judgment Date: 28 Apr 06

Summary The Social Security Administration Act 1992 s.117A did not deprive the court of jurisdiction to strike out a claim to recover national insurance contributions. An order striking out such proceedings had been properly made but in the circumstances the court had erred in refusing to reinstate the claim on...

Susan Bishop v Elizabeth Blake (2006)

Judgment Date: 12 Apr 06

Summary In the circumstances a mortgagee had been entitled to exercise her power of sale when she did but had breached her duties as mortgagee, since she had failed to take care to obtain the proper market price for the property. Facts The claimant (B) brought an action of damages...

In the Matter of McCarthy Surfacing Ltd (2006)

Judgment Date: 12 Apr 06

Summary Shareholders who had executed share transfers but were still the registered holders of the shares had requisite standing to bring a petition under the Companies Act 1985 s.459. Transferees of shares who had not been registered as shareholders by the company also had the requisite standing to bring a petition....

Julie Hickey v Haringey London Borough Council (2006)

Judgment Date: 10 Apr 06

Summary For the purposes of the exception to the creation of a secure tenancy in the Housing Act 1985 Sch.1 para.6 it was the position between the lessor and the local authority that was important in deciding whether the property had been leased with vacant possession. Paragraph 6(b) required the lease...

Revenue & Customs v Salaried Persons Postal Loans Ltd (2006)

Judgment Date: 07 Apr 06

Summary In the circumstances, a company that had ceased trading but still received rental income from its former trading premises did not carry on a trade or business for the purposes of the Income and Corporation Taxes Act 1988 s.13(4). Facts The appellant Revenue appealed against a decision holding that, for...

Peekay Intermark Ltd & Anor v Australia & New Zealand Banking Group Ltd (2006)

Judgment Date: 06 Apr 06

Summary An investor could not argue that he had been induced into entering a contract to make an investment by a misrepresentation as to the nature of that investment when the true nature of the transaction had been communicated to him in the final terms and conditions of the contract,...

Republic of Iraq v Al-Kobayci (2006)

Judgment Date: 04 Apr 06

Summary Fraud - allegations of forgery - summary judgment granted in absence of respondent party - application to set aside summary judgment - approach to be followed.