Summary When considering whether a transaction constituted an unlawful distribution of capital by a company, the proper approach was to inquire into the true purpose and substance of the impugned transaction and to conduct a realistic assessment of all the relevant facts, not simply an isolated retrospective valuation exercise. Facts...

Summary In determining the price to be paid by tenants exercising a right to collective enfranchisement involving leases for unexpired terms of below 20 years, it was appropriate to apply the Earl Cadogan v Sportelli (2007) 1 EGLR 153 formula as a starting point and then determine whether the position in the property cycle...

Summary Companies had infringed newspapers' copyright by using a media monitoring service from a third party which provided them with copies of headlines and extracts from articles on newspaper websites. A web end-user licence was required to lawfully use and receive the third party's service. Facts The claimants sought a...

Summary When construing a profit sharing provision in a development agreement made between the parties, a judge had erred in holding that a letter sent by one of the parties included an offer to agree in relation to the calculation of the profit payments. Facts The appellant company (X) appealed...

Summary The court found that a caretaker's flat in the basement of a building was included in the "common parts" of the building and was therefore liable to acquisition under the Leasehold Reform, Housing and Urban Development Act 1993 s.2(1)(b) as it amounted to a common facility for the benefit...

Summary Although a property owner was not prevented by estoppel or abuse or process from challenging as against the lender the validity of a charge obtained by a third party on her property, she had consented to the charge and so was bound by it despite her overriding interest. Facts...

Summary A provision in an assignment of copyright allowing automatic reverter of the rights to the assignor on a future event, namely an unremedied material breach of contract by the assignee, was a valid partial assignment within the Copyright, Designs and Patents Act 1988 s.90(2). Facts The appellant music publisher (C)...

Summary The tax avoidance provisions contained in the Income Tax Act 2007 s.682 to s.713 relating to a tax advantage obtained through a transaction in securities could apply where an express statutory scheme such as a qualifying employee share ownership trust had been utilised. Facts The appellant taxpayer (G) appealed against...

Summary The court granted a mandatory injunction requiring the re-constitution of a board of directors to a composition which preceded the execution of a special resolution by the company's controlling shareholders. The special resolution was an attempt, by those shareholders, to regain a controlling interest in the company which they...