BTI 2014 LLC v (1) Sequana SA (2) Antoine Courteault (3) Pierre Martinet (4) Clive Mountford (5) Martin Newell: Bat Industries Plc v (1) Sequana SA (2) Windward Prospects Ltd (2017)

Judgment Date: 02 Jun 17

Summary It was appropriate to exercise jurisdiction under CPR r.3.1(7) to revoke part of an order imposing a stay of execution of a remedy. Maintaining the stay would be otiose in circumstances where the original reason for its grant, namely to avoid stifling an appeal, was no longer relevant. Facts...

Yashwant Dahyabhai Patel v (1) Girish Dahyabhai Patel (2) Jayshree Patel (3) Ranjanabala Patel (4) Nirja Jain (2017)

Judgment Date: 02 Jun 17

Summary Permission was granted to bring contempt proceedings following the court's decision in a probate action that a will had been forged, which gave rise to a prima facie case of a conspiracy by the respondents to make false statements to mislead the court. Facts The applicant applied for permission...

Patel v Patel & Ors (2017)

Judgment Date: 26 May 17

Summary Permission was granted to bring contempt proceedings following the court's decision in a probate action that a will had been forged, which gave rise to a prima facie case of a conspiracy by the respondents to make false statements to mislead the court. Facts The applicant applied for permission...

Netley v HMRC (2017)

Judgment Date: 26 May 17

Summary In a lead case, the tribunal examined the basis and principles on which the market value of shares admitted to the Alternative Investment Market and gifted as "qualifying investments" to a charity under the Income and Corporation Taxes Act 1988 s.587B should be determined. The purpose of the valuation...

(1) Anthony Hancock (2) Tracy Lee Hancock v Revenue & Customs Commissioners (2017)

Judgment Date: 26 May 17

Summary On the proper interpretation and application of the Taxation of Chargeable Gains Act 1992 s.116, s.127 and s.132, the taxpayers' transaction, which involved the conversion of qualifying corporate bonds (QCBs) and non-QCBs into QCBs, which were then redeemed for cash, did not have the effect of allowing frozen gains on...

Latin American Investments Ltd v Maroil Trading Inc & ors (2017)

Judgment Date: 26 May 17

Summary It was arguable that a claim for specific performance to force the defendants to pay sums due to a company in which the claimant held shares did not breach the reflective loss principles set out in Johnson v Gore Wood & Co (No.1) [2002] 2 A.C. 1. A freezing injunction obtained by...

Hancock v HMRC (2017)

Judgment Date: 25 May 17

Summary On the proper interpretation and application of the Taxation of Chargeable Gains Act 1992 s.116, s.127 and s.132, the taxpayers' transaction, which involved the conversion of qualifying corporate bonds (QCBs) and non-QCBs into QCBs, which were then redeemed for cash, did not have the effect of allowing frozen gains on...

Trilogy Management Ltd v Harcus Sinclair (2017)

Judgment Date: 19 May 17

Summary The claimant, which was alleging negligence on the part of the defendant solicitors in relation to amendments made to a company's articles of association in 2004, had no prospect of defeating the solicitors' reliance on the expiry of the limitation period. Facts The defendant firm of solicitors applied to strike...

Doberman & Gilbert v Watson & 11 ors (2017)

Judgment Date: 19 May 17

Summary The court refused to strike out an action in which the owners of a plot of land had sought a declaration, pursuant to the Law of Property Act 1925 s.84(2), that the land was no longer affected by a restrictive covenant. A decision by the Lands Tribunal refusing an earlier...