Summary It was arguable that a claim for specific performance to force the defendants to pay sums due to a company in which the claimant held shares did not breach the reflective loss principles set out in Johnson v Gore Wood & Co (No.1) [2002] 2 A.C. 1. A freezing injunction obtained by...

Summary On the proper interpretation and application of the Taxation of Chargeable Gains Act 1992 s.116, s.127 and s.132, the taxpayers' transaction, which involved the conversion of qualifying corporate bonds (QCBs) and non-QCBs into QCBs, which were then redeemed for cash, did not have the effect of allowing frozen gains on...

Summary The claimant, which was alleging negligence on the part of the defendant solicitors in relation to amendments made to a company's articles of association in 2004, had no prospect of defeating the solicitors' reliance on the expiry of the limitation period. Facts The defendant firm of solicitors applied to strike...

Summary The court refused to strike out an action in which the owners of a plot of land had sought a declaration, pursuant to the Law of Property Act 1925 s.84(2), that the land was no longer affected by a restrictive covenant. A decision by the Lands Tribunal refusing an earlier...

Summary A court order requiring the destruction of hard-copy and electronic confidential documents held by relevant persons in a confidentiality club was amended to allow compliance with regulatory obligations to retain certain information. An undertaking given by each relevant person was sufficient to protect the information held on their personal...

Summary Sums paid by a business to acquire the rights to receive future income from the distribution of films constituted expenditure of a capital nature under the Income Tax (Trading and Other Income) Act 2005 s.33 and were not deductible in computing taxable profits. Section 33 did not need to be interpreted...

Summary The Supreme Court held by majority that creditors who suffered loss because of currency fluctuations between the administration date, when their debts were converted into sterling, and the payment date, were not entitled to claim the loss as a non-provable debt. Facts In joined appeals by administrators the court...

Summary Where a company director had breached his fiduciary duty by diverting funds and business opportunities to a second company in which he had a concealed beneficial interest, the starting point should be that the second company account for all of its profits during the relevant period. Facts The appellant ...

Trial of undue influence / constructive trust claim (closing submissions, as sole advocate).