Choudhury v Stepney Shahjalal Mosque and Cultural Centre Ltd (2015)

Judgment Date: 12 Feb 15

Summary Proceedings concerning the trustees of a company limited by guarantee that was a registered charity were charity proceedings under the Charities Act 2011 s.115(2) that required permission from the Charity Commission or the court. The proceedings were stayed and an interim injunction preventing a trustee election was continued pending a...

Rawlinson & Hunter Trustees SA v Director of the Serious Fraud Office & Ors (2015)

Judgment Date: 10 Feb 15

Summary The court considered applications under CPR r.31.22 and r.32.12 for permission for the collateral use of documents disclosed and witness statements served in proceedings arising out of an investigation by the Serious Fraud Office. It observed that the public interest was against the collateral use of documents forming part...

(1) David Halberstam (2) Shoshana Stern v Gladstar Ltd (2015)

Judgment Date: 29 Jan 15

Summary The court refused to grant an interim order for delivery up of various valuable items which had been seized by court enforcement officers pursuant to a writ of delivery. The claimants had not established that there was a serious issue to be tried. Furthermore, they could not assert that...

UK Leasing Brighton Ltd & Ors v Topland Neptune Ltd & Ors (2015)

Judgment Date: 16 Jan 15

Summary Where a lease had been assigned by a tenant in breach of covenant, a re-assignment of the lease back to the original tenant, together with the guarantor of the original tenant's obligations giving a fresh guarantee, would not be invalidated by the Landlord and Tenant (Covenants) Act 1995 s.25 as...

Mike Hilton & Ors v D IV LLP & Ors (2015)

Judgment Date: 12 Jan 15

Summary The court construed clauses in limited liability partnership agreements to determine the extent of the designated member's obligation to disclose tax documents to members who were seeking to establish that the partnerships had engaged in fraud. A clause requiring disclosure of "relevant information ... necessary for the administration of members'...

Dunbar Assets v BCP Premier Ltd (2015)

Judgment Date: 12 Jan 15

Summary There had been no good reason for ordering that a claimant's emailing a copy of a claim form to the defendant should be permitted as good service. Facts The appellant (B) appealed against a deputy master's order that the emailing to it of a claim form by the respondent ...

In the Matter of the Estate of Sir James Wilson Savile, Deceased & Ors v Luke Lucas & Ors (2014)

Judgment Date: 16 Dec 14

Summary A judge had not erred in approving a scheme put forward by the executor of an estate aimed at facilitating the resolution of personal injury claims against the estate. The scheme was neither intrinsically flawed nor one that no reasonable executor could have promoted. Facts The appellant trustees of...

Hague Plant Ltd v Hague & Ors (2014)

Judgment Date: 11 Dec 14

Summary A judge had been right to refuse to allow a claimant to re-amend its particulars of claim. The proposed re-amendments fundamentally recast the particulars of claim, made it five times longer than the original, and did not contain a concise statement of the facts relied upon in support of...

Robert Tchenguiz v Serious Fraud Office & Ors (Dec 2014)

Judgment Date: 11 Dec 14

Summary The strong public interest in preserving the integrity of criminal investigations and in protecting those who provided information to prosecuting authorities from any wider dissemination of that information outweighed the interests of a party bringing a claim for damages against the Serious Fraud Office in their disclosure, where that...