Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd (In Administration) (2010)

Judgment Date: 04 Aug 10

Summary The date of the hearing at which the necessary intention under the Landlord and Tenant Act 1954 s.30(1)(f) to redevelop the relevant property in order to oppose the renewal of a business tenancy had to be shown to exist was always the date of the substantive trial of the...

In the Matter of Lehman Brothers Int (Europe) (In Admin) (2010)

Judgment Date: 02 Aug 10

Summary The statutory trust imposed by Chapter 7 of the Client Assets Sourcebook made under the Financial Services and Markets Act 2000 s.139 applied to client money on receipt by an investment firm and not only when the money was placed in a segregated account. When client money was pooled following failure...

HMRC v Millichap (Liquidator of Gloucester Foods Ltd) (2010)

Judgment Date: 30 Jul 10

Summary Gloucester Foods Ltd (the company) went into creditors' voluntary liquidation on 7 October 2005. Facts M was appointed liquidator. In the statement of affairs delivered to the Registrar of Companies HMRC was shown as a creditor in the sum of £351,442. On 20 September 2006 M wrote to HMRC saying that the company had...

Boris Berezovsky v Roman Abramovich : Boris Berezovsky v Hine & Ors (2010)

Judgment Date: 30 Jul 10

Summary Where issues raised common questions of fact in two sets of related proceedings in the Commercial Court and the Chancery Division, it was appropriate to try those issues once in the Commercial Court proceedings. That would achieve a significant saving of costs and court time and would remove the...

Karin Lucy Hay v Hendryk Szterbin, Joanna Barbara Szterbin, Green Wright Chalton Annis (2010)

Judgment Date: 29 Jul 10

Summary Under the terms of a Tomlin order which provided that one of three defendants was only to pay the claimant's costs which related exclusively to the action against it, and not those incurred by the claimant in respect of the dispute with the other two defendants, that defendant was...

PGF II SA & PGF II (Lime) SA v Royal & Sun Alliance Insurance Plc (2010)

Judgment Date: 29 Jul 10

Summary A landlord who had successfully brought a dilapidation claim against its tenant and sub-tenant was entitled to recover 90 per cent of its costs against the tenant and all of its costs against the sub-tenant, as its approach to bringing the claim had been reasonable. Facts The court was required...

Bocardo SA v Star Energy Ltd (2010)

Judgment Date: 28 Jul 10

Summary The owner of the surface of land was the owner of the strata beneath it, including the minerals that were to be found there, unless there had been an alienation of them by a conveyance, at common law or by statute to someone else. In the instant case, the...

Leslie Dweck v Mark Forstater & Ors (2010)

Judgment Date: 26 Jul 10

Summary A master had been wrong on the evidence to make non-party costs orders against the family of a litigant whom they had assisted by loans to pay his legal costs. The adverse findings and inferences he made were not open to him on the evidence, and he should have...

Rebecca Hall v Mayor Of London (2010)

Judgment Date: 16 Jul 10

Summary The court remitted for reconsideration the question of whether it was proportionate to grant applications for an order for possession and an injunction against a protestor in respect of his protest and camping on an area of Parliament Square Gardens, where his human rights had not been considered separately...