Summary An interim freezing injunction over assets in England in aid of a Portuguese order should not contain an exception to allow payments in the ordinary course of business, since the court was prepared to infer that there were sufficient free assets elsewhere out of which those payments could be...

Summary The court determined the costs arising out of a largely successful nuisance claim against three companies. Facts The court was required to determine the costs arising out of the nuisance claim brought by the claimants (C) against the defendant companies (D1, D2 and D3). C had alleged a long-standing...

Summary Without a trial, a judge could not have been sufficiently certain that a company had been insolvent when payments for the benefit of a director had been made; a declaration of beneficial ownership of a property made on an application for summary judgment was overturned. Facts The appellant (R3)...

Summary The Upper Tribunal (Tax and Chancery Chamber) had the power to make a direction for security for costs in an appeal from the First-tier Tribunal (Tax Chamber). Facts The applicant commissioners sought security for their costs in an appeal brought by the respondent (B), a company in liquidation, against...

Summary The court construed rent review provisions contained in a commercial lease granted pursuant to a development agreement between a local authority and a property developer. Facts In proceedings brought by the claimant tenants (M), the court was required to construe rent review provisions contained in a lease of commercial...

Dishonest assistance, breach of duty and fraudulent trading (led by Christopher Parker KC)

Summary The court had jurisdiction to make an order for costs on a without-notice application against the party who had not had notice of the hearing. Facts The appellants (D) appealed against two orders made in the course of proceedings brought against them by the respondent receivers (C). D owned...

Summary The Court of Appeal upheld a decision that a claim by a company in liquidation, which had been the vehicle for a VAT fraud, against its former directors and overseas suppliers alleged to have been involved in the fraud, was not precluded by the principle of ex turpi causa...

Summary A claimant who had repeatedly sought confirmation as to the identity of the correct defendant from a company in the same group, but had received no reply on that issue from the defendant's solicitors during a period of almost three years, was entitled to amend its claim to add...