Coors Holdings Ltd v Dow Properties Ltd (2007)

Judgment Date: 02 Mar 07

Summary The wording of a phrase in a rent review clause meant that the open market rental value to be determined on a rent review was the rental value of the demised premises disregarding the effect on the rent of there being a building on it. Facts The appellant landlord ...

Elaine Barrington v Sloane Properties Ltd (2007)

Judgment Date: 02 Mar 07

Summary A leasehold valuation tribunal had been wrong to allow amounts claimed for building works to be certified by a landlord, even if the year of certification was different from the year in which they were claimed, and, consequently, service charges payable by a tenant had been incorrectly stated in...

Trustees of the Peter Clay Discretionary Trust v Revenue and Customs Commissioners (SpC 595) (2007)

Judgment Date: 27 Feb 07

Summary A single fee for the expenses of management of a discretionary trust that related partly to income and partly to capital could be attributed partly to each for the purposes of the Income and Corporation Taxes Act 1988 s.686(2AA). Facts The appellant trustees of a United Kingdom resident discretionary...

In The Matter Of The Inertia Partnership LLP (2007)

Judgment Date: 23 Feb 07

Summary There was a close analogy between the court's power under the Financial Services and Markets Act 2000 s.367(3)(b) to wind up a company on the just and equitable ground and the court's well-established jurisdiction to make winding-up orders on the petition of the secretary of state under the Insolvency...

Donegal International Ltd v Zambia & Anor (2007)

Judgment Date: 15 Feb 07

Summary In the circumstances a state was not entitled to state immunity in respect of a claim to enforce a settlement agreement relating to sovereign debt but the state had a real prospect of defending the claim on the basis that certain provisions of the agreement were penal. Facts The...

Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd (2007)

Judgment Date: 08 Feb 07

Summary The court set out the principles to be applied when assessing damages for the loss of the ability to prevent an infringement of a right to light. Facts The court assessed damages in lieu of an injunction. The court had previously found that the defendant company (F) was liable...

Peter Anthony Rennie v Westbury Homes (Holdings) Ltd (2007)

Judgment Date: 07 Feb 07

Summary The court examined an option agreement relating to the purchase of land for development and was required to decide whether a clause providing for an extension to the option period had been validly executed. The finding involved application of the test in Mannai Investment Co Ltd v Eagle Star...

Keith Ivan Eugene Sweetman v Bernard Robert M Shepherd & ORS (2007)

Judgment Date: 02 Feb 07

Summary Where a claimant had issued proceedings in 1997 and had persistently failed to comply with directions and orders and had not progressed the litigation for long periods of time to the extent that his conduct of the case amounted to an abuse of process, it was just to strike out...

Director of the Assets Recovery Agency v Robert Alan Kean (2007)

Judgment Date: 31 Jan 07

Summary A property freezing order obtained by the Assets Recovery Agency was not discharged despite it having been obtained by non-disclosure and innocent misrepresentation at a without notice hearing, because the agency's misjudgement had not been serious and a broad, merits-based evaluation of all the circumstances found no abuse of...