Summary One of the purposes of making a settlement of land on trust was to prejudice the interests of the Inland Revenue within the Insolvency Act 1986 s.423. Facts The applicant trustee in bankruptcy (H) applied to set aside a settlement made by the bankrupt as a sham or as a...

Summary Any assignments in the claimants' favour of alleged claims available to their former partnership and company were subject to compromise agreements that were in full and final settlement of the disputes between the parties. Facts The first, second and seventh defendants applied to strike out the claim, alternatively for...

Chancery Division, insolvency bankruptcy appeal. Acted as sole counsel for successful appellant.

Summary The Pensions Ombudsman should not interfere with decisions of trustees in relation to claims for benefits under the rules of their particular pension schemes unless the decision was perverse. In the circumstances, ombudsman was correct in holding that an employee was entitled to an incapacity pension under the company's...

Summary There was no common law election in the instant case between two inconsistent rights. Nor was there any basis on equitable principles to hold that the equitable doctrine of election applied where the defendant vendors of shares merely put forward an inconsistent contention without any express reservation or statement...

Summary The words "proceeds of...that property" in the Taxation of Chargeable Gains Act 1992 s.77(8) included all proceeds derived from the property, irrespective of the nature of the process used to extract value from the property for transfer to another, whether by sale or mortgage or otherwise. Facts The appellant ...

Summary The applicant (K) applied for permission to appeal against an order that a judgment against him be set aside only on the condition that he make payment of an earlier costs order in favour of the respondent company (R). K had prior notice that R would seek to persuade...

Summary A master had been wrong to determine an application to strike out where the pleadings raised the same issue that had previously been decided by a judge. The master should have recognised that the application was an abuse of process. Facts The appellants Anglo Petroleum Ltd and Sutton (S)...