JSC BTA Bank v A (September 2010)

Judgment Date: 19 Sep 10

Summary A receivership order made in support of a freezing injunction was upheld in circumstances where the defendant had not initially made adequate disclosure of his assets, which were held in a manner that made it difficult to trace, and where there was a measurable risk that he would deal...

31 Cadogan Square Freehold Ltd v Earl Cadogan (2010)

Judgment Date: 16 Sep 10

Summary These two conjoined appeals, heard over 7 days, concerned several complex issues relating to the price payable on collective enfranchisement for substantial properties in Cadogan Square. Facts The main arguments concerned the existence of potential additional development value for conversion of the building from flats to a house, including planning...

Jenington International INC & Ors v Kanat Shaikhanovish Assaubayev & 6 Ors (2010)

Judgment Date: 14 Sep 10

Summary An order for limited cross-examination as to assets disclosed following the making of a worldwide freezing order was warranted where there were significant and serious issues that justified further explanation, in circumstances where the defendants had not provided consistently accurate information, and one of whom had left the jurisdiction....

Ronald Michael Harris v Revenue & Customs Commissioners (TC00667) (2010)

Judgment Date: 18 Aug 10

Summary The word "receives" in the Finance Act 1990 s.25(2)(e) was a neutral term and did not import any requirement that the benefit had to be provided to or accepted by the donor by, or from, another person. It looked solely to the position of the donor and asked whether...

CSC Media Group Ltd v Video Performance Ltd (2010)

Judgment Date: 10 Aug 10

Summary The Copyright Tribunal had erred, in determining the terms on which a broadcaster should be licensed to use a licensing body's music video repertoire in the operation of its television music channels, in reaching a decision on royalties without considering a relevant comparable licence. That was contrary to the...

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...