Peter Hutchinson & Susan Penning v Michael Neale & Ann Neale (2012)

Judgment Date: 20 Mar 12

Summary The starting point of an order for costs was that costs should follow the event. There was no general rule that a finding of dishonest conduct by the successful party would replace the usual starting point. An evaluation of the nature and degree of the misconduct and its effect...

Al Sanea v Saad Investments Co Ltd (2012)

Judgment Date: 20 Mar 12

Summary On the correct interpretation of a put option agreement there was no basis upon which the respondent could be entitled to exercise a put option in respect of shares it did not own. Facts The appellant (D) appealed against a decision ([2011] EWHC 2584 (Comm)) refusing to set aside an order...

Association of Chartered Certified Accountants v Ninos Koumettou (2012)

Judgment Date: 20 Mar 12

Summary In deciding which replacement insolvency officeholders to appoint, the court presumed that the applicant professional body had had due regard to the public interest when it made its proposals for replacements and was as well placed as anyone, and better than most, to identify them. The onus was on...

Energy Venture Partners Ltd v Malabu Oil and Gas Ltd (2012)

Judgment Date: 15 Mar 12

Summary A bank was entitled to recover its substantial costs of complying with a freezing injunction as the funds expended had been justified in order to determine whether the injunction caught assets it held on deposit. Facts The applicant bank (B), not a party to the substantive proceedings, applied for...

Commissioner of Taxpayer Audit & Assessment v Cigarette Co of Jamaica Ltd (2012)

Judgment Date: 13 Mar 12

Summary Loans made to a company by its subsidiary company were not "artificial" transactions for the purposes of the Income Tax Act (Jamaica) s.16. Facts The appellant Commissioner appealed against an order of the Court of Appeal of Jamaica in relation to income tax assessments he had made against the...

Pollen Estate Trustee Co Ltd, King’s College London v Revenue & Customs Commissioners (2012)

Judgment Date: 08 Mar 12

Summary Relief from stamp duty land tax was not available in circumstances where the beneficial interest in the relevant property was owned jointly by a number of persons or bodies, only some of which were charities or Ministers of the Crown. The relevant land transaction for the purposes of stamp...

Afzaal Hussain, Mona Qutb (By her Litigation Friend Azam Qutb) v Bank of Scotland Plc (2012)

Judgment Date: 08 Mar 12

Summary Permission to appeal had been obtained by the deception of a person without standing to launch an appeal or to obtain permission to appeal and, on the permission being set aside for those reasons, there was no appeal to be decided and so it had to be dismissed. Facts...

Barnsley & Ors v Noble & Ors (2012)

Judgment Date: 07 Mar 12

Summary The court had jurisdiction to order a payment on account of costs where a costs order was deemed to have been made under CPR r.44.12 on discontinuance of a claim under CPR r.38.6. Facts The court was required to determine costs following the discontinuance of claims by claimant (C)...

In the matter of Lehman Brothers International (Europe) v CRC Credit Fund Ltd (2012)

Judgment Date: 29 Feb 12

Summary The Supreme Court considered three issues concerning the meaning and application of the client money rules in Chapter 7 of the Client Assets Sourcebook issued by the Financial Services Authority. It held that a statutory trust arose on the firm's receipt of client money; participation in the notional client money...