Summary The contemporaneous documentation did not prove that before the beneficiary of a trust of land declared that he held his interest on trust for his grandson, they had made an arrangement that the grandfather would continue to keep all the income attributable to the gifted interest while he was...

Summary The First-tier Tribunal had not erred in law in applying the principle in Kittel v Belgium (C-439/04) [2008] S.T.C. 1537, as interpreted by the Court of Appeal in Mobilx Ltd (In Administration) v Revenue and Customs Commissioners [2010] EWCA Civ 517, [2010] S.T.C. 1436, when considering whether a trader, who was...

Summary An interim order made under the Insolvency Act 1986 s.252, imposing a moratorium on proceedings against a judgment debtor, where there was no petition for bankruptcy but there was an individual voluntary arrangement pending consideration could not be equated to the situation where a statutory scheme was already in place....

Summary The court illustrated its approach to the determination of costs in a multi-party action raising multiple issues and sub-issues, in which all parties had been both winners and losers. Areas of focus included how to treat the costs of discontinuing a small strand of one issue; entitlement to recovery...

Summary A property valuer's application for specific disclosure in a negligence action brought against it by a mortgagee was refused where the documents sought added nothing to its defence that the claim was champertous. Facts The applicant property valuer (J) applied for specific disclosure from the respondent mortgagee (W) in...

Summary An order for service of a claim out of the jurisdiction was set aside where the claimants failed to demonstrate that their claim for breach of an alleged oral contract had a real prospect of success. In cases concerning oral contracts the court expected the claimant to adduce evidence...

Re Bowen Travel Ltd [2012] All ER (D) 63 (Dec): Application for Administration Order (Chancery Division Birmingham DR) in respect of a travel company.

Summary Where claimants had been granted an interim injunction and the defendant's applications for strike out and summary judgment had been dismissed, it was appropriate to depart from the general approach to costs to reflect the nature, degree and circumstances of the claimants' success. Facts The court dealt with matters...

Summary Where the conduct of the sale of a property pursuant to a consent order had passed from the wife of a bankrupt to his trustee in bankruptcy, the trustee was entitled, on the correct interpretation of the consent order, to a smaller amount from the proceeds of sale. Facts...