(1) Koza Ltd (2) Hamdi Akin Ipek v Mustafa Akcil & 5 Ors (2019)

Judgment Date: 23 May 19

Summary The Court of Appeal summarised when expenditure could be said to be in the "ordinary and proper course of business" so as to bring it within the scope of an undertaking not to dispose of company assets save for that purpose. Where a sole director was a vital part...

Mohammed Ali Pourghazi (Claimant) v Shahrokh Kamyab & 6 Ors (Defendants & Respondents) & (1) HSBC Private Bank Ltd (2) Investec Bank (Channel Islands) Ltd (Third Parties) (2019)

Judgment Date: 22 May 19

Summary A bank's application to bring a claim for marshalling, which it had subsequently assigned to a different party, had not been included within the terms of a settlement agreement and a master had been entitled to dismiss the application and award the respondents their costs of the application. Facts...

Hancock v Revenue & Customs Commissioners (2019)

Judgment Date: 22 May 19

Summary The Taxation of Chargeable Gains Act 1992 s.116(1)(b) applied where, by a single transaction, both qualifying corporate bonds (which fell outside the charge to capital gains tax (CGT) on redemption) and non-qualifying corporate bonds (which fell within the charge to CGT on redemption) were converted into qualifying corporate bonds....

Punjab National Bank (International) Ltd v Boris Shipping Ltd & 7 Ors (2019)

Judgment Date: 21 May 19

Summary A claimant was granted permission to apply for summary judgment even though default judgment was available because the defendants could have engaged with the proceedings and a summary judgment was more readily enforceable. However, the application for summary judgment was a judicial notice and it had not been served...

Emmerson International Corp v Renova Holding Ltd (2019)

Judgment Date: 20 May 19

Summary A freezing order which included restraining provisions and disclosure provisions was not severable and amounted to an injunction. Accordingly, a litigant in the British Virgin Islands did not need to seek permission in order to appeal against aspects of the disclosure provisions in a freezing order, as the order...

P (a co inc in country A) v D (a co inc in country B) & ors (2019)

Judgment Date: 16 May 19

Summary Arbitrators had breached their duty under the Arbitration Act 1996 s.33 to act fairly and impartially as between the parties by reaching a decision on a core issue without the losing party's main witness being cross-examined on that issue and by basing their decision on a case which had not...

Persimmon Homes Ltd v (1) Anthony John Hillier (2) Colin Michael Creed (2019)

Judgment Date: 09 May 19

Summary A disclosure letter sent as part of a data package in the course of negotiations for a share purchase could be rectified if it did not give effect to the parties' intended transaction. Facts The first and second defendants (D1 and D2) appealed against an order for the rectification...

Green & Newman (as Joint Administrators of each of the Respondent companies) v SCL Group Ltd (2019)

Judgment Date: 17 Apr 19

Summary The administrators of companies in the Cambridge Analytica group had not breached their duties in connection with the hearing for an administration order, nor had they misconducted themselves during the administration. They would be appointed as the companies' liquidators. Facts The administrators of companies in the Cambridge Analytica group...

Gwinnutt v George (2019)

Judgment Date: 12 Apr 19

Summary Where a bankruptcy order had been made against a barrister, fees due to them pursuant to an honorarium rather than a contract automatically vested in the trustee in bankruptcy. Facts The appellant trustee in bankruptcy appealed against a decision that certain unpaid fees of the first respondent bankrupt were...