Calltel Telecom Ltd v Revenue & Customs Commissioners (2009)

Judgment Date: 21 May 09

Summary Repayment of input tax was rightly refused on the ground that the taxpayers knew that their dealings in mobile phones were connected with a VAT fraud elsewhere in the chain of supply. Facts The appellant companies (C and O) appealed against a decision ((2007) BVC 2544) refusing repayment of input tax...

Jeremy French v Igor Flavio Cipolletta (2009)

Judgment Date: 15 May 09

Summary In an action brought by the liquidators of a company against a director pursuant to the Insolvency Act 1986 s.212, it was sufficiently clear from the points of claim that what was being alleged was that losses were suffered by the company during a period when it traded using money...

Issac Bruce Hayim, Ian James Pringle, Jill Mary Ross v Jeanne Regina Couch (2009)

Judgment Date: 15 May 09

Summary The court acceded to a request to grant declarations of right, in terms agreed by the parties, that two transfers of shares in a company were, and always had been, void on the basis that the transferor lacked the necessary mental capacity to make them. Facts The first and...

Itsalat International Co Ltd v Allied TC Plc & Ors (2009)

Judgment Date: 14 May 09

Summary The grant of a without notice freezing injunction on the basis of a real risk of asset dissipation had been correctly granted and allegations of material non-disclosure were manifestly unsustainable. Facts The third and fourth defendants (X and Y) applied to set aside a freezing order imposed against them...

Clarke v Murphy (2009)

Judgment Date: 12 May 09

Summary A building scheme existed in respect of certain properties so that each property owner could object to a proposed discharge or modification of restrictive covenants in respect of one of the properties. Facts The tribunal was required to determine as a preliminary issue whether the fourth and fifth objectors ...

David George Head v Social Security Commissioner (2009)

Judgment Date: 07 May 09

Summary The future right to an enhanced state pension did not constitute a "possession", within the meaning of that term under the European Convention on Human Rights 1950 Protocol 1 art.1, until retirement, at which point national law could determine what that entitlement was. On that basis the future right to an...

Institute of Chartered Accountants in England and Wales v Webb (2009)

Judgment Date: 04 May 09

Daad Sharab v HRH Prince Al-Waleed Bin Talal Bin Abdal-Aziz-Al-Saud (2009)

Judgment Date: 30 Apr 09

Summary Although the Court of Appeal's discretion to receive fresh evidence applied to the acceptance of an undertaking, it declined an undertaking offered by a party challenging jurisdiction to submit to the jurisdiction of a foreign court. To accept the undertaking would produce a different situation to that considered at...

JD Wetherspoon PLC v Van de Berg & Co Ltd [2009]

Judgment Date: 07 Apr 09

Summary A company and one of its directors had breached fiduciary duties owed to a company for whom it found properties to acquire and develop as licensed premises. Two other directors had dishonestly assisted in the breach in respect of certain transactions. Facts The claimant (J) brought two actions against...