Sunberry Properties Ltd v Innovate Logistics Ltd (In Administration) & 5 Ors (2008)

Judgment Date: 15 Jul 08

Summary It was appropriate to grant the landlord of a company in administration leave to commence proceedings for an order terminating an occupational licence of premises when the licence had been granted in breach of an alienation covenant contained in the lease for the premises. Facts The applicant property company ...

(1) PA Snell (2) M Snell v Revenue & Customs Commissioners (SpC 699) (2008)

Judgment Date: 08 Jul 08

Summary Whilst a share sale had been entered into for bona fide commercial reasons, it also had as a main object the procuring of a tax advantage with the result that an assessment to income tax under the Income and Corporation Taxes Act 1988 s.793 had been properly made. Facts The...

Andrew Robert Olins v Harold Walters (2008)

Judgment Date: 04 Jul 08

Summary Where there was ample evidence that codicils executed by the defendant and his deceased wife satisfied the conditions for the establishment of mutual wills, the judge had been entitled to declare that they bound the deceased's estate in the hands of the defendant and his personal representatives. Facts The...

The General Trading Company (Holdings) Ltd v Richmond Corporation Ltd (2008)

Judgment Date: 03 Jul 08

Summary The buyer of a business had not been entitled to cancel certain loan notes on the ground of the seller's failure to procure the provision of loan guarantees because the non-provision was the result of the buyer's own failure to serve a contractual notice and not the result of...

John Astall & Graham Edwards v Revenue & Customs Commissioners (2008)

Judgment Date: 27 Jun 08

Summary A security issued as part of a tax avoidance scheme was not a "relevant discounted security" within the meaning of the Finance Act 1996 Sch.13 para.3 because the terms upon which it might possibly be redeemed at a deep gain would never occur. Facts The appellant taxpayers (X) appealed against...

Earl Cadogan & Ors v 26 Cadogan Square Ltd : Howard De Walden Estates Ltd v Aggio & Ors (2008)

Judgment Date: 25 Jun 08

Summary A lessee under a long lease of a block of flats, none of which was subject to long underleases, was entitled to claim the benefit of the Leasehold Reform, Housing and Urban Development Act 1993 Part I Chapter II in relation to each of the flats at the same time...

Photolibrary Group Ltd & Ors v Burda Senator Verlag GMBH (2008)

Judgment Date: 18 Jun 08

Summary On the evidence, it was clear that a contract for the supply of analogue photographic transparencies incorporated the terms of the delivery notes. The delivery notes provided that loss fees were payable in the event of loss and there was an established course of dealing to show that the...

Halifax PLC v Curry Popeck (A Firm) (2008)

Judgment Date: 18 Jun 08

Summary On the facts, a transfer of land was not made for valuable consideration because it was part of a fraudulent enterprise in which the concept of consideration was meaningless. Accordingly, the general rule in the Land Registration Act 2002 s.28 applied so that an equitable interest created before the transfer...

Chilli Developments Ltd v Commission for the New Towns (2008)

Judgment Date: 18 Jun 08

Summary The Commission for the New Towns had not breached exclusivity agreements with a development company concerning the redevelopment of docks and neither the commission nor an associated urban regeneration body had acted in bad faith throughout the negotiations or during the lifetime of the agreements. Facts The claimant company ...