London Development Agency v Mehmet Nidai (2009)

Judgment Date: 14 Jul 09

Summary A company had no title to grant leases in respect of two shops because it only had a licence in respect of the land forming the title to the shops and so the owner of the land was entitled to possession of the two shop units and mesne profits....

In the matter of Oxford Pharmaceuticals Limited (2009)

Judgment Date: 10 Jul 09

Summary Where a director of an insolvent company had also been a shareholder and guarantor of the company's parent, and the insolvent company had made payments to the parent that preferred the parent, that did not mean that the director had also been preferred under the Insolvency Act 1986 s.239(4). Facts...

Mohammad Zahoor v Sohail Masood (2009)

Judgment Date: 03 Jul 09

Summary When considering whether to strike out a claim by reason of the claimant's forgeries and fraudulent evidence, the sole question was whether the claimants had forfeited the right to have an adjudication of their claims; the defendant's conduct was irrelevant. Facts The first appellant (Z) appealed against a decision ...

Republic of Croatia v Republic of Serbia (2009)

Judgment Date: 02 Jul 09

Summary One of the successor states to the former Federal Republic of Yugoslavia had, on the facts, a right in relation to a leasehold interest within the meaning of the Land Registration Act 2002 s.42(1) registered in the name of the Republic. The protection of that right gave the state sufficient...

M R Klinckie v Revenue & Customs Commisioners (TC00122) (2009)

Judgment Date: 01 Jul 09

Summary The cancellation of the right of an issuer of loan notes to satisfy their redemption in a foreign currency amounted to a conversion within the meaning of the Taxation of Chargeable Gains Act 1992 s.132(3). Facts The appellant (K) appealed against the respondent Revenue's estimated assessment to capital gains tax...

Progress Property Co Ltd v Moorgarth Group Ltd (2009)

Judgment Date: 26 Jun 09

Summary There had been no knowledge or intention that the sale of shares by one company to another had been below their market value and no reason to doubt the genuineness of the transaction as a commercial sale, even though the sale price had been calculated on the basis of...

Smithkline Beecham PLC v (1) Greg Avery (2009)

Judgment Date: 26 Jun 09

Summary It was appropriate to grant an injunction to restrain animal rights protestors, who were members or supporters of unincorporated associations which were said to be concerned with illegal activities, from trespass and from harassment of a defined group of protected persons. The court determined the appropriate representatives for the...

Prudential Assurance Company Ltd v Exel UK Ltd (2009)

Judgment Date: 25 Jun 09

Summary The case concerned the validity of a break notice under a lease of a substantial distribution warehouse. The break notice referred to only one of the two joint tenants under the lease. The defendant tenants alleged that, on its true construction, the break notice was valid. Alternatively, they alleged...

Redstone Mortgages Plc v Welch & Jackson (2009)

Judgment Date: 23 Jun 09

Summary This was a mortgagee's claim for possession against its borrower, Ms Welch, of a property at 23 Ferndale Road, Shrewsbury. The claim against Ms Welch was not defended. The real substance of the action was the mortgagee's claim for possession against the occupiers, Mr and Mrs Jackson. Mr Jackson had...