Summary The claimants were entitled to forfeit a sub-underlease granted to the defendant company, which traded as the Saatchi Gallery. Given the conduct of certain individuals behind the defendant, it was not appropriate to grant relief from forfeiture. Facts The claimant freeholder (S) brought a claim against the defendant sub-underlessee ...

Summary A person could know, and could certainly suspect, that he was assisting in a misappropriation of money without knowing that the money was held on trust or what a trust meant. Facts The appellant company (C), in liquidation, appealed against a decision that the second respondent (H) was not...

Summary The Court ordered rectification of an assignment. Facts The claimant and the defendant entered into an agreement which provided (inter alia) that warranties held by the claimant would be assigned to the defendant. The assignment of certain such warranties (the A Warranties) was to be unconditional and to take...

Summary The qualifying holding period for taper relief for the purposes of the Taxation of Chargeable Gains Act 1992 s.2A(8) was not the whole period from the date of acquisition but was the period after April 5, 1998 for which the asset had been held at the time of its disposal. Facts...

Summary The court determined the appropriate level of deferment rate to be applied, in the circumstances, when calculating the price payable on enfranchisement or for an extended lease for houses or flats in central London. Facts In joined appeals, the court was required to determine the price payable on enfranchisement...

Summary Where a voting agreement had given a shareholder an absolute discretion in the manner in which it chose to raise funds, on a new issue of shares the shareholder had a right to choose investors including itself and others and a right to waive pre-emption rights in the company's...

Summary The court could not apply a formulaic test to decide whether a scheme was a lottery or a series of lotteries, or whether it amounted to fixed odds betting. Common sense should be applied to ask if, overall, a given scheme more closely resembled the classic description of betting...

Summary Where a fiduciary had made a profit from inducing the respondents, by his fraudulent representations, to enter into a joint venture to acquire a hotel, the appropriate remedy was that the fiduciary should disgorge all the profits, whether of a revenue or capital nature, subject to any allowances permitted...

Summary Wages, payments in lieu of notice and protective award payments for the period of the adoption of a contract, by virtue of the Insolvency Act 1986 Sch.B1 para.99(5)(b), were wages and salary for the purpose of para.99 of the Act and were payable in priority. Facts The applicant...