Thomas Edge & Ors v Pensions Ombudsman & Eric Christian George Nicholson (1999)

Judgment Date: 29 Jul 99

Summary Reduction of a pension fund surplus in order to avoid tax payments did not constitute a breach of duty by the fund's trustees, as it was fair and equitable in all the circumstances. Notwithstanding s.146(1) Pension Schemes Act 1993, the Pensions Ombudsman had no discretion to set aside the trustees'...

Office of Fair Trading v Premier League (1999)

Judgment Date: 28 Jul 99

Summary Restrictive Practices Court decision on the Premier League championship football broadcasting arrangements. The three main restrictions/provisions were within the terms of the Restrictive Trade Practices Act 1976 and were accepted under the 1976 Act by each member club of the Premier League. The court concluded that the restrictions were not...

Burridge v Stafford (1999)

Judgment Date: 28 Jul 99

Summary A litigant in receipt of legal aid ceased to be an assisted person when he became a litigant in person and not at the time of the discharge of the legal aid certificate.. Facts One appeal and one application relating to costs awards against legally aided persons heard together....

Melbury Road Properties 1995 Ltd v Kreidi

Judgment Date: 27 Jul 99

Summary The Defendant had sought to obtain an extension to his lease under the Leasehold Reform, Housing and Urban Development Act 1993. He had served a notice of claim, but the reversion had since been assigned by the reversioner on whom the notice had been served. The land was registered land,...

Line Trust Corporation Ltd & Ors v (1) Michael Fielding (2) David Garrard & Ors (1999)

Judgment Date: 26 Jul 99

Summary The words "in respect of the subject matter of the action", when used in a compromise agreement, were to be given the widest possible meaning. Facts Appeal of Burrington Ltd from the order of Hart J made on 6 October 1992. The appeal concerned the construction of para.2 of the schedule...

Alliance & Leicester Plc v Pellys (a firm) (1999)

Judgment Date: 09 Jul 99

Summary Proposed amendments to the statement of claim by the claimant outside the applicable limitation periods were to be disallowed as they sought to raise new causes of action on different facts. Facts Defendant's appeal against the order of Master Moncaster allowing amendments to the claimant's statement of claim, the...

Grupo Torras SA v Sheikh Fahad Mohammed Al-Sabah

Judgment Date: 24 Jun 99

Summary Claims made on the basis of conspiracy, dishonest assistance, breach of director's duty, money had and received and knowing receipt in relation to alleged fraud on company controlled by Kuwaiti Investment Office. Facts The plaintiffs claimed against the defendants in relation to a series of complex transactions called 'Croesus',...

James Stuart Kemble V Margaret Hicks (1999)

Judgment Date: 17 Jun 99

Summary Trustees were not entitled to apply part of the pension scheme monies in their hands towards the acquisition of indemnity insurance cover which would be for their exclusive benefit prior to a winding up and final distribution: monies applied from one part of the fund towards employer's contributions due...

Daniel Richard Baker v Secretary of State for Trade & Industry (1999)

Judgment Date: 28 May 99

Summary The fact that a director had caused an insolvent company to make a payment which was detrimental to the general body of creditors did not, in all the circumstances, justify a finding that the director was unfit. Facts Appeal by Daniel Baker ('B') from the decision of Deputy Registrar...