Mynt Ltd v Revenue & Customs Commissioners (2013)

Judgment Date: 30 Oct 13

Summary Where an appellant had begun a “missing trader fraud” appeal in the VAT and Duties Tribunal and had agreed that costs should be in the cause following the transfer of that appeal to the First-tier Tribunal, it could be concluded that it had hoped to recover its costs if...

Closegate Hotel Development (Durham) Ltd & Ors v Joseph McLean (2013)

Judgment Date: 25 Oct 13

Summary A lender had not been estopped from appointing administrators under its floating charge over a borrower's assets where the borrower had failed to show that the lender had made a clear and unequivocal statement, to be inferred from letters and negotiations, that it would not call in its loan...

Mountstar (PTC) Ltd v Charity Commission for England & Wales (2013)

Judgment Date: 17 Oct 13

Summary The Charity Commission for England and Wales had acted lawfully in deciding to open a statutory inquiry into a charity and in appointing an interim manager on the basis of concerns that the charity's sole trustee might be conflicted by virtue of the charity's involvement in a gift aid...

Honda Motor Europe Ltd & Ors v Tony Powell & Ors - UK Pension Scheme Ltd (2013)

Judgment Date: 17 Oct 13

Summary The court ruled on the proper interpretation of a deed affecting employees' entitlements under an occupational pension scheme. Facts The claimants (H1 and H2), being companies within the Honda group, sought a declaration concerning the proper interpretation of a deed relating to the group's United Kingdom pension scheme. H1...

Iain Lawrie Shearer & Ors v Spring Capital Ltd & Ors (2013)

Judgment Date: 17 Oct 13

Summary The court refused to grant summary judgment in a claim by two borrowers for an order requiring their lender to release and discharge a number of securities for loans. The case raised serious triable issues concerning the validity of the tender of an outstanding sum where a borrower had...

John Green & Paul Rowley v Royal Bank of Scotland Plc (2013)

Judgment Date: 09 Oct 13

Summary The existence of an action for breach of statutory duty consequent on the contravention by a bank of the Conduct of Business Rules did not give rise to a co-extensive common law duty of care. Facts The appellants (C) appealed against a decision ([2012] EWHC 3661 (QB)] dismissing their claim against...

Euromex Ventures Ltd & Ors v BNP Paribas Real Estate Advisory & Property Management UK Ltd (2013)

Judgment Date: 09 Oct 13

Summary A claim that liquidators had converted assets belonging to the claimants failed because the claimants could not establish ownership. One of the claimants had also made representations that the assets belonged to a separate company and was therefore estopped from resiling from that position, and the liquidators were protected...

Erste Group Bank AG (London) v JSC (VMZ Red October) & Ors (2013)

Judgment Date: 03 Oct 13

Summary It had been appropriate to permit service of proceedings alleging unlawful means conspiracy on defendants outside the jurisdiction in Russia as there was a serious issue to be tried, the relevant requirements of CPR PD 6B para.3.1 were met, and the claimant had demonstrated that England was the appropriate...