Apex Frozen Foods Ltd (In Liquidation) v Abdul Ali (2007)

Judgment Date: 09 Mar 07

Summary A liquidator was liable under an undertaking he had given to pay the costs on the standard basis occasioned to a company through the grant of a freezing order against it, which was subsequently discharged. Facts The applicant company (F) applied for its costs on an indemnity basis, against...

Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd (2007)

Judgment Date: 09 Mar 07

Summary In the light of the special features of the instant case, despite being identified as the "winner" the claimant would be entitled to only 75 per cent of its costs. Facts The court had to determine the costs of an action in which the application of the claimant company (T)...

Site Developments (Ferndown) Ltd v Barratt Homes Ltd & Ors (2007)

Judgment Date: 06 Mar 07

Summary The defendant was granted summary judgment on the claimant's application for an injunction that would require the demolition of a number of houses in a residential development and would leave the other houses land-locked. However, it could not be said that the other claims for injunctive relief had no...

Coors Holdings Ltd v Dow Properties Ltd (2007)

Judgment Date: 02 Mar 07

Summary The wording of a phrase in a rent review clause meant that the open market rental value to be determined on a rent review was the rental value of the demised premises disregarding the effect on the rent of there being a building on it. Facts The appellant landlord ...

Elaine Barrington v Sloane Properties Ltd (2007)

Judgment Date: 02 Mar 07

Summary A leasehold valuation tribunal had been wrong to allow amounts claimed for building works to be certified by a landlord, even if the year of certification was different from the year in which they were claimed, and, consequently, service charges payable by a tenant had been incorrectly stated in...

Trustees of the Peter Clay Discretionary Trust v Revenue and Customs Commissioners (SpC 595) (2007)

Judgment Date: 27 Feb 07

Summary A single fee for the expenses of management of a discretionary trust that related partly to income and partly to capital could be attributed partly to each for the purposes of the Income and Corporation Taxes Act 1988 s.686(2AA). Facts The appellant trustees of a United Kingdom resident discretionary...

In The Matter Of The Inertia Partnership LLP (2007)

Judgment Date: 23 Feb 07

Summary There was a close analogy between the court's power under the Financial Services and Markets Act 2000 s.367(3)(b) to wind up a company on the just and equitable ground and the court's well-established jurisdiction to make winding-up orders on the petition of the secretary of state under the Insolvency...

Donegal International Ltd v Zambia & Anor (2007)

Judgment Date: 15 Feb 07

Summary In the circumstances a state was not entitled to state immunity in respect of a claim to enforce a settlement agreement relating to sovereign debt but the state had a real prospect of defending the claim on the basis that certain provisions of the agreement were penal. Facts The...

Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd (2007)

Judgment Date: 08 Feb 07

Summary The court set out the principles to be applied when assessing damages for the loss of the ability to prevent an infringement of a right to light. Facts The court assessed damages in lieu of an injunction. The court had previously found that the defendant company (F) was liable...