Republic of Croatia v Republic of Serbia (2009)

Judgment Date: 02 Jul 09

Summary One of the successor states to the former Federal Republic of Yugoslavia had, on the facts, a right in relation to a leasehold interest within the meaning of the Land Registration Act 2002 s.42(1) registered in the name of the Republic. The protection of that right gave the state sufficient...

M R Klinckie v Revenue & Customs Commisioners (TC00122) (2009)

Judgment Date: 01 Jul 09

Summary The cancellation of the right of an issuer of loan notes to satisfy their redemption in a foreign currency amounted to a conversion within the meaning of the Taxation of Chargeable Gains Act 1992 s.132(3). Facts The appellant (K) appealed against the respondent Revenue's estimated assessment to capital gains tax...

Progress Property Co Ltd v Moorgarth Group Ltd (2009)

Judgment Date: 26 Jun 09

Summary There had been no knowledge or intention that the sale of shares by one company to another had been below their market value and no reason to doubt the genuineness of the transaction as a commercial sale, even though the sale price had been calculated on the basis of...

Smithkline Beecham PLC v (1) Greg Avery (2009)

Judgment Date: 26 Jun 09

Summary It was appropriate to grant an injunction to restrain animal rights protestors, who were members or supporters of unincorporated associations which were said to be concerned with illegal activities, from trespass and from harassment of a defined group of protected persons. The court determined the appropriate representatives for the...

Prudential Assurance Company Ltd v Exel UK Ltd (2009)

Judgment Date: 25 Jun 09

Summary The case concerned the validity of a break notice under a lease of a substantial distribution warehouse. The break notice referred to only one of the two joint tenants under the lease. The defendant tenants alleged that, on its true construction, the break notice was valid. Alternatively, they alleged...

Redstone Mortgages Plc v Welch & Jackson (2009)

Judgment Date: 23 Jun 09

Summary This was a mortgagee's claim for possession against its borrower, Ms Welch, of a property at 23 Ferndale Road, Shrewsbury. The claim against Ms Welch was not defended. The real substance of the action was the mortgagee's claim for possession against the occupiers, Mr and Mrs Jackson. Mr Jackson had...

Star v Bocardo (2009)

Judgment Date: 15 Jun 09

Summary Michael Driscoll QC and Ciaran Keller, who did not appear below, appeared for the successful appellants, Star Energy, in a landmark decision in the Court of Appeal against Mr Al Fayad’s company Bocardo SA. Bocardo had succeeded before Peter Smith J in obtaining an order that required Star...

Cheltenham Borough Council v Christine Susan Laird (2009)

Judgment Date: 15 Jun 09

Summary John Dagnall appeared for Christine Laird who was employed as Chief Executive of Cheltenham Borough Council from 2002 until August 2005 when her employment terminated as a result of ill-health depression. Subsequently she was sued in misrepresentation with the employer alleging that she had fraudulently, and if not then negligently, made...

Secretary of State for Business, Enterprise & Regulatory Reform v Charter Financial Solutions Ltd

Judgment Date: 22 May 09

Summary It was in the public interest to make orders winding up companies where the business affairs of the companies had been conducted with a lack of commercial probity. Facts The petitioner secretary of state petitioned for the respondent companies to be wound-up on the grounds of public interest. The...