Jenkins v Holy (2004)

Judgment Date: 25 Jun 04

Summary There had been a legally binding agreement between the claimant and his former firm of solicitors to pay the claimant a monthly fixed sum for three years. Facts The claimant (J) claimed money from the defendant (H) under an alleged contract regarding the terms of J's retirement from practice...

Habib Bank Ltd v Ahmed (2004)

Judgment Date: 24 Jun 04

Summary The defendants' application for permission to appeal from the making of a charging order absolute was refused on the ground that there was no arguable case that the judge had overlooked evidence, which would have made a material difference to his decision. Facts The defendants sought permission to appeal...

Ross Marks v Valerie Jane Sherred (HMIT) (2004)

Judgment Date: 23 Jun 04

Summary The approach in determining the market value of a taxpayer's shareholding in a company was to determine the price a hypothetical purchaser would pay. A fair figure for the net sustainable pre tax profit of the company was a figure that took into account various factors including the history...

McCullough (HMIT) v Gurcharan Singh Ahluwalia (2004)

Judgment Date: 23 Jun 04

Summary The district judge had been bound by certificates issued under Taxes Management Act 1970 s.70 to establish that there had been sufficient evidence to show that tax liability had been due and unpaid by the appellant. Facts The defendant (G) appealed against the dismissal of his appeal in proceedings where...

Jack Pennington & Ors v Harold Crampton Senior & Ors (2004)

Judgment Date: 17 Jun 04

Summary Where a commercial bargain had been made, equity would not intervene to relieve against forfeiture where a court had decreed specific performance. Facts The applicant (H) sought permission to appeal against a decision that H had been in breach of a Tomlin Order relating to a proposed settlement of...

Inland Revenue Commissioners v The Wimbledon Football Club Ltd, Martin Ellis, James Earp (2004)

Judgment Date: 28 May 04

Summary A proposal for a company voluntary arrangement in respect of an insolvent football club did not infringe the Insolvency Act 1986 s.4(4)(a) by virtue of the fact that the club's "football creditors" were to be paid in full under an agreement for the sale of the club whereas the...

Green v Alexander Johnson (A Firm) (2004)

Judgment Date: 26 May 04

Summary Property, and not on the basis of a vacant possession valuation (which would have produced a higher figure, and so a lower damages award). The Court of Appeal dismissed appeals by both parties. Facts This was the trial of the assessment of damages in a professional negligence claim against...

National Westminster Bank PLC v Spectrum Plus Ltd (2004)

Judgment Date: 26 May 04

Summary A debenture which provided that a charge over book debts was a specific (i.e. fixed) charge and required the company to pay the proceeds of the debts when received into the company's account with the bank and not otherwise to deal with the debts created a fixed charge...

Koziol v Davies (2004)

Judgment Date: 21 May 04

Summary A petition for the grant of a new supplemental charter had been validly submitted to the Privy Council by the Royal Pharmaceutical Society of Great Britain. Facts The defendants (D) applied for summary judgment. The parties were members of the Royal Pharmaceutical Society of Great Britain (the society), which...