Summary The carrying out of industrial works on agricultural land over which a claimant enjoyed various sporting, shooting and fishing rights was a substantial interference with those rights. However, the claimant had not exercised its rights for over 60 years and it was unlikely that it had suffered any pecuniary loss....

Summary Questions of whether a claim to possession of a flat would be defeated by a defence of adverse possession, and whether raising the adverse possession defence would be an abuse of process, were not suitable for summary determination on the available facts. Facts The second to fourth defendants (D...

Summary The High Court considered the liability of the majority directors of an insolvent company in respect of a grant of security to themselves for a loan made by them to the company and in respect of a distribution in specie of the company's shareholding in a subsidiary. The court...

Summary A "double derivative" claim by the beneficiaries of the trust which held a minority shareholding in a company failed where the claimants could not show that the defendant had acted as a de facto director of the company or that he had acted fraudulently. Facts The claimants brought a...

Rebecca appeared un-led in cross-appeals in unfair prejudice petition in which Court of Appeal gave guidance on what constitutes a reasonable offer to purchase a minority shareholding.

Summary The Court of Appeal summarised when expenditure could be said to be in the "ordinary and proper course of business" so as to bring it within the scope of an undertaking not to dispose of company assets save for that purpose. Where a sole director was a vital part...

Summary A bank's application to bring a claim for marshalling, which it had subsequently assigned to a different party, had not been included within the terms of a settlement agreement and a master had been entitled to dismiss the application and award the respondents their costs of the application. Facts...

Summary The Taxation of Chargeable Gains Act 1992 s.116(1)(b) applied where, by a single transaction, both qualifying corporate bonds (which fell outside the charge to capital gains tax (CGT) on redemption) and non-qualifying corporate bonds (which fell within the charge to CGT on redemption) were converted into qualifying corporate bonds....

Summary A claimant was granted permission to apply for summary judgment even though default judgment was available because the defendants could have engaged with the proceedings and a summary judgment was more readily enforceable. However, the application for summary judgment was a judicial notice and it had not been served...