Mobilx Ltd (In Administration) v Revenue & Customs Commissioners (2009)

Judgment Date: 03 Feb 09

Summary Where every transaction engaged in by a company could be traced back to a supplier who had defrauded the Revenue by avoiding the payment of VAT on imported goods and where that company had been made aware of the fact, a VAT and Duties tribunal had been correct to...

Secretary of State for Business, Enterprise & Regulatory Reform v Amway (UK) Ltd (2009)

Judgment Date: 29 Jan 09

Summary The judge had carried out the necessary balancing exercise when refusing a petition under the Insolvency Act 1986 s.124A to wind up a company on public interest grounds. Having regard to a new business model formulated by the company and undertakings offered as to its conduct, the judge's decision...

NML Capital Ltd v The Republic of Argentina (2009)

Judgment Date: 29 Jan 09

Summary Where the question of sovereign immunity was addressed on an application for an order granting permission to serve out of the jurisdiction on a foreign state, but on the basis of a mistaken legal analysis, the court had a discretion to set aside the order, even where the mistake...

Hageman v Holmes (2009)

Judgment Date: 21 Jan 09

Summary A deed of covenant which gave the claimant a contractual right to receive a share of the proceeds of sale of the defendant's shares in a company did not create a trust over, or a fiduciary duty in relation to, the shares in the claimant's favour. Facts The court...

Land Securities PLC v Fladgate Fielder (A Firm) (2009)

Judgment Date: 18 Jan 09

Summary The tort of abuse of process was of limited application and there was no reasonably arguable basis for extending it beyond the heads of damage that had to exist for invocation of the tort of malicious prosecution. In particular, there was no basis for extending it to applications for...

Nailrile Ltd v Earl Cadogan / Regency Lodge & Others (2008)

Judgment Date: 22 Dec 08

Revenue & Customs Commissioners v Trustees of Peter Clay Discretionary Trust (2008)

Judgment Date: 19 Dec 08

Summary Under the general law, expenses incurred for the benefit of both the income and capital beneficiaries of a trust had to be charged against capital. It was only those expenses which were incurred exclusively for the benefit of the income beneficiaries that could be charged against income. Fees of...

Secretary of State for Business Enterprise & Regulatory Reform v Sullman & Poole (2008)

Judgment Date: 19 Dec 08

Summary A company director of a claims management service involved in selling various insurance products to claimants was disqualified under the Company Directors Disqualification Act 1986 s.8 following his misconduct and misrepresentation in selling the products and in the flotation of the company on the stock market. Facts The applicant secretary...