In the Matter of Sed Essex Ltd (2013)

Judgment Date: 14 Jun 13

Summary It was appropriate to maintain the appointment of provisional liquidators pending the hearing of a winding-up petition. The petition, founded on alleged indebtedness arising from assessments for VAT denying a company's claims to recover input tax on the basis that they were connected with the fraudulent evasion of VAT,...

Kenneth Hart & Ors v Susan Burbidge & Ors (2013)

Judgment Date: 12 Jun 13

Summary The court was not satisfied that a mother was acting fully independently or was liberated from undue influence when she transferred over 90 per cent of her estate to her daughter, which had had the effect of adeeming gifts of property to her two other children. Facts In conjoined actions,...

Dar Al Arkan Real Estate Development Co & Ors v Majid Al-Sayed Bader Hashim Al Refai & Ors (2013)

Judgment Date: 12 Jun 13

Summary It was not appropriate to grant summary judgment in favour of a public relations company in defamation and malicious falsehood proceedings in circumstances where there was a sufficient argument that the company was a joint tortfeasor as claimed and there was insufficient evidence to enable the court to determine...

In the Matter of GP Aviation Group International Ltd (2013)

Judgment Date: 04 Jun 13

Summary The right to appeal against tax assessments was not property capable of being sold within the meaning of the Insolvency Act 1986 Sch.4 Pt III para.6. A liquidator could therefore not assign the conduct of such an appeal to the liquidated company's former directors. Facts The applicant liquidator sought directions...

Paul Newbold & Ors v Coal Authority (2013)

Judgment Date: 23 May 13

Summary The Lands Tribunal had been entitled to conclude that damage notices given under the Coal Mining Subsidence Act 1991 s.3 were valid. Facts The appellant authority appealed against a decision ([2012] UKUT 20 (LC), [2012] R.V.R. 157) that valid damage notices had been given by the respondents (N) under the Coal Mining...

JSC BTA Bank v Ablyazov & Ors (2013)

Judgment Date: 17 May 13

Summary The court was prepared to hear a contemnor in opposition to a bank's application for a final charging order over a property, where the property was not the subject of the court order in respect of which the contemnor was said to be in breach. Facts The court was...

JSC BTA Bank v Ablyazov & Ors (2013)

Judgment Date: 17 May 13

Summary The principle that it would be an abuse of process to challenge a decision in earlier proceedings where that would bring the administration of justice into disrepute was wide enough to encompass the situation where a person had not been a party to the earlier proceedings but only a...

JD Wetherspoon PLC v Jason Harris & Ors (2013)

Judgment Date: 17 May 13

Summary A public house operator had more than a fanciful chance of establishing at trial that its agent had been dishonest and in breach of fiduciary duty by acting for another party in finding suitable property that it might well have wanted to buy. Further, most of a statement by...

Hammersmatch Properties (Welwyn) Ltd v Sain-Gobain Ceramics & Plastics Ltd (2013)

Judgment Date: 14 May 13

Summary The court determined a number of issues arising out of a dilapidations claim and held that the damages payable to the landlord for the tenants' breach of their repairing obligations would be limited by the Landlord and Tenant Act 1927 s.18(1) to the diminution in value of the reversion. Facts...