Oakdene Homes Plc (In liquidation) v Carl Stephen Turpin (2016)

Judgment Date: 03 Nov 16

Summary The liquidators of a construction company succeeded in their claim against its director for monies outstanding in relation to a subscription of company shares and for the proceeds of sale of a property belonging to the company, which the director had misappropriated. Facts A construction company, acting through its...

R (On The Application Of (1) Gina Miller (2) Deir Tozetti Dos Santos) (Claimants) v Secretary Of State For Exiting The European Union (Defendant) & (1) Grahame Pigney & Ors (2) AB, KK, PR & Children (

Judgment Date: 03 Nov 16

Summary The Government did not have power under the Crown's prerogative to give notice pursuant to TEU art.50 for the UK to withdraw from the EU. Facts The claimants applied for judicial review of the Government's intention to give notice pursuant to TEU art.50 for the UK to withdraw from...

Phillip Ivey v Genting Casinos UK Ltd (t/a Crockfords Club) (2016)

Judgment Date: 03 Nov 16

Summary A casino had been entitled to withhold a gambler's winnings on the basis that he had breached the implied term in their contract that he should not cheat. Although the gambler had believed that his technique in a card game was honest, his view of his conduct was not...

Buchanan v Metamorphosis Management Ltd & ors

Judgment Date: 25 Oct 16

Summary Although the late service of a defence was always a serious matter, a 15 day delay where the defendant was going through the turmoil of a creditor's voluntary liquidation did not require a sanction and an extension of time for service would be granted. Facts The claimant applied for judgment...

In The Matter of Lehman Brothers International (Europe) (In Administration) Sub Nom (1) Anthony Victor Lomas & Ors v Revenue & Customs (2016)

Judgment Date: 11 Oct 16

Summary The statutory interest to be paid under the Insolvency Rules 1986 r.2.88(7) out of a surplus in an administration was not "yearly interest" within the meaning of the Income Tax Act 2007 s.874. The administrators therefore had no obligation to account for income tax on the interest payments. Facts The applicant...

Bryant v Stein (2016)

Judgment Date: 07 Oct 16

Summary A covenant contained in a conveyance which was registered at the Land Registry was enforceable against the vendor's successors in title where it touched and concerned the land, notwithstanding that, by a separate unregistered agreement, the vendor had entered into a personal obligation to release the covenant in certain...

In the Matter of SABMiller PLC (2016)

Judgment Date: 23 Aug 16

Summary In relation to the summoning of members to a shareholders' meeting to consider a scheme of arrangement, the Companies Act 2006 s.895 and s.896 had to be interpreted flexibly and consistently with the legislative intention to promote compromise. There was no injustice to a member waiving the right to participate...

Moore v Moore & Till Valley Contracting Ltd (2016)

Judgment Date: 19 Aug 16

Summary A son was entitled to his father's interest in a farm and farming business by virtue of a proprietary estoppel, since he had been promised that the farm and business would pass to him and had relied on those promises to his detriment. Facts The first defendant and Part 20...

AB Bank v Abu Dhabi Commercial Bank (2016)

Judgment Date: 12 Aug 16

Summary The court had no jurisdiction to permit service out of the jurisdiction for an application for a Norwich Pharmacal order. The order was not "interim relief" under CPR PD 6B para.3.1(5) as the respondent held information but was not the alleged wrongdoer. The relief sought against the respondent was...