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

Judgment Date: 31 Jul 09

Summary The court made costs orders against individual animal rights activists who had been named as representative members of a number of animal rights organisations and against whom injunctions had successfully been obtained. Facts Following its judgment in the case of Smithkline Beecham Plc v Avery (2009) EWHC 1488 (QB), the court...

Mourant Property Trust Ltd v Fusion Electronic (UK) Ltd (2009)

Judgment Date: 30 Jul 09

Summary A break clause had not been validly exercised by a commercial tenant as the condition precedents to determine the lease had not been strictly complied with; in particular dilapidations and repairs remained outstanding which amounted to material breaches. Facts The claimant landlord (L) sought a declaration that a break...

Mount Anvil Group Ltd v Volans Management Ltd (2009)

Judgment Date: 30 Jul 09

Summary A written agreement for the sale of commercial property was no longer valid where related agreements between the parties had been terminated and it was clear from the express language of the commercial agreement that the terminations of the other agreements had rendered the commercial agreement unworkable, and where...

SRM Global Master Fund LP v Treasury Commisioners (2009)

Judgment Date: 28 Jul 09

Summary The assumptions which the valuer of Northern Rock shares was required to make pursuant to the Banking (Special Provisions) Act 2008 s.5(4) did not violate the rights of shareholders under the European Convention on Human Rights 1950 Protocol 1 art.1 Facts The appellants (S) appealed against a decision ((2009) EWHC 227 (Admin), (2009) BCC 251) dismissing...

Howell & Ors (Trustees of the Joicey Settlements) v Marcus Lees-Millais & Ors (2009)

Judgment Date: 17 Jul 09

Summary The appointment of a trust fund to be held for the settlor's grandson who would reach the age of 25 years during the trust period absolutely, which was made in default of other appointments, did not create an indefeasible gift to the grandson, and the trustees' power of appointment was...

Late Editions Ltd v Revenue & Customs Commissioners (TC00128) (2009)

Judgment Date: 14 Jul 09

Summary It was appropriate to refuse a claim for input tax where the taxpayer was involved in a chain of supply which included fraudulent defaulters and where it must have or should have known that the transactions were fraudulent, regardless of whether the taxpayer knew the identity of the defaulters....

London Development Agency v Mehmet Nidai (2009)

Judgment Date: 14 Jul 09

Summary A company had no title to grant leases in respect of two shops because it only had a licence in respect of the land forming the title to the shops and so the owner of the land was entitled to possession of the two shop units and mesne profits....

In the matter of Oxford Pharmaceuticals Limited (2009)

Judgment Date: 10 Jul 09

Summary Where a director of an insolvent company had also been a shareholder and guarantor of the company's parent, and the insolvent company had made payments to the parent that preferred the parent, that did not mean that the director had also been preferred under the Insolvency Act 1986 s.239(4). Facts...

Mohammad Zahoor v Sohail Masood (2009)

Judgment Date: 03 Jul 09

Summary When considering whether to strike out a claim by reason of the claimant's forgeries and fraudulent evidence, the sole question was whether the claimants had forfeited the right to have an adjudication of their claims; the defendant's conduct was irrelevant. Facts The first appellant (Z) appealed against a decision ...