Summary A company subject to rehabilitation proceedings had failed to discharge the onus of showing that in all probability an order that it provide security for costs would stifle its claim; it had failed to demonstrate that there were no creditors who could put up the necessary finance and it...
Summary The court refused to grant the claimant probate of an alleged will of his mother, holding that he had forged the will. Facts The claimant asked the court to grant probate of the alleged last will of his mother, and to revoke the grant of probate to the defendant,...
Summary The court considered the relief that should be granted to a successful claimant under the Insolvency Act 1986 s.423. Facts The court considered consequential matters following the judgment in [2016] EWHC 1686 (Ch), [2017] Bus. L.R. 82. The main judgment concerned proceedings brought by the claimant companies for breach of duty against a...
Summary Certain amendments to particulars of claim were allowed where they did not distort and extend the trial. The amendments related to evidence that had arisen from German trades that were part of alleged VAT fraud involving the sale and purchase of European Union allowances under the European Emission Trading...
Summary The court was required to determine consequential and costs issues after giving judgment on an application for permission to continue proceedings against two companies in administration, and an application by the administrators to be indemnified out of trust assets under the principle in Berkeley Applegate (Investment Consultants) Ltd (No.1),...
Summary The court refused an application by administrators for the court to review findings made in a previous hearing by reference to "without prejudice save as to costs" material. Facts The court had to determine whether it could revise certain conclusions it had reached in [2016] EWHC 3179 (Ch), [2017] 1 B.C.L...
Summary The Government did not have power under the Crown's prerogative to give notice pursuant to TEU art.50(2) for the UK to withdraw from the EU. An Act of Parliament was required. Facts The secretary of state appealed against a decision that the Government could not give notice of the...
Summary The Government did not have power under the Crown's prerogative to give notice pursuant to TEU art.50(2) for the UK to withdraw from the EU. An Act of Parliament was required. Facts The secretary of state appealed against a decision that the Government could not give notice of the...
Summary Facts Held