Helena Partnerships Ltd (Formerly Helena Housing Ltd) v Revenue & Customs Commissioners (2011)

Judgment Date: 06 Apr 11

Summary The tribunal found that a registered social landlord had not been established for purposes that were exclusively charitable and was therefore not entitled to extend the charitable exemption from corporation tax under the Income and Corporation Taxes Act 1988 s.505 and s.506 to tax years pre-dating its registration as a...

Scottish Widows Fund & Life Assurance Society v BGC International (2011)

Judgment Date: 31 Mar 11

Summary The court construed a lease in a way that the court considered a reasonable person would have understood the parties to have meant by the words they actually used. Facts The claimant (S) brought construction and rectification claims in respect of a sub-sub-underlease which it had entered into with...

Crossco, Piccadilly, Philip Noble v Jolan Ltd, Jolan Piccadilly Ltd, (2011)

Judgment Date: 31 Mar 11

Summary Where landlords had served on their tenants a valid notice under a break clause in the lease of commercial premises and a valid notice under the Landlord and Tenant Act 1954 s.25, and had established a valid ground of opposition to a new tenancy under s.30(1)(f) by demonstrating their...

Sinclair Investments (UK) Ltd v Versaille Trade Finance Ltd (In Administration) & 5 Ors (2011)

Judgment Date: 29 Mar 11

Summary A judge had been right to reject a company's proprietary claim to the proceeds of sale of shares which its director had held in another company; although the proceeds could not have been obtained had the director not enjoyed his fiduciary status, they were not beneficially owned by the...

Extra MSA Services Cobham v Accor UK (2011)

Judgment Date: 17 Mar 11

Summary On the proper interpretation of a termination clause in an agreement for a lease of a hotel to be constructed at a motorway service station, the developer could not give notice to terminate the agreement by relying on its own failure to perform obligations to obtain required consents in...

Milebush Properties Ltd v Tameside Metropolitan Borough Council (2011)

Judgment Date: 17 Mar 11

Summary A dispute about the enforcement of rights under an agreement under the Town and Country Planning Act 1990 s.106, if it was to be decided by a court, ought to be decided in judicial review proceedings to which the local planning authority was a party. Facts The appellant company (M)...

Tradegro (UK) Ltd & Wigmore Street Investments Ltd v Charles Price (2011)

Judgment Date: 16 Mar 11

Summary The court construed an undertaking whereby the solicitors of a company held money another party had paid under a judgment, after the company had become insolvent and another judgment against the company had been given in the other party's favour. Facts The appellant creditor (P) of the second respondent...

Kathleen Bleasdale & John Cariss v Deborah Forster (2011)

Judgment Date: 16 Mar 11

Summary In the context of fraudulent misrepresentation it was possible for a claimant to plead an alternative case based on the defendant's version of events while continuing to deny that version. The requirement for a statement of truth did not prevent such a scenario as long as there was a...

Phillip Roberts (Liquidator of Onslow Ditchiling Ltd) v Peter Frohlich & Godfrey Spanner (2011)

Judgment Date: 18 Feb 11