Summary The duty of administrators under the Insolvency Act 1986 Sch.B1 para.3(1)(b) to perform their functions in the interests of the creditors as a whole did not mean that the obligation had to be performed in an identical way in relation to each creditor, and unequal treatment of creditors...

Summary When considering the issue of jurisdiction of a court of a Member State under the Regulation 44/2001 art.22, it was unnecessary and wrong to construe the words "regardless of domicile" in that provision as having any application to a case where the person to be sued was not domiciled in...

Summary In the circumstances five repurchase or "repo" transactions in gilts under which the taxpayer received more than it had paid did not give rise to an entitlement to relief in respect of a non-trading deficit. On the correct interpretation of the Finance Act 1996 s.84 the deemed interest expense the...

Summary In the circumstances contractual provisions in the terms of issue of certain loan notes and in joint venture and licence agreements were not invalidated by the so-called anti-deprivation rule which operated to prevent a person's property being transferred and taken away from his creditors on bankruptcy. Moreover, if the...

Summary Where a company had appealed against a decision of the VAT and duties tribunal upholding a refusal of payment of input tax claimed by the company, the court, exercising its discretion and weighing up the injustice to the parties, ordered security for costs of the appeal. However, there was...

Summary An application for the committal of the directors of a company for its failure to comply with an undertaking was struck out as an abuse because on the documentary evidence it had no real prospect of success; the undertaking on which it was based was incapable of performance. Facts...

Summary The proper construction of a prime brokerage agreement was that the counterparty to the agreement retained a beneficial interest in the securities held by the broker as custodian and in cash derived from those securities. As a result, the counterparty was a secured creditor for both cash and securities...

Summary There was no basis for the continuation of a worldwide freezing order against a property agent where there was insufficient evidence of dishonest conduct on his part or of any likelihood that he would attempt to stymie a judgment against him. Facts The applicant companies (D) applied to continue...

Summary A claim had been settled in pre-trial negotiations where a "subject to contract" umbrella, under which the terms of the settlement had earlier been approved, was lifted by necessary implication so as to make the negotiations binding. Facts The court was required to determine whether an action brought by...