Summary In determining the lawfulness of a loan and supplemental rescheduling agreements, the court considered allegations of fraudulent misrepresentation, duress, undue influence, and extortion under colour of due process. It also considered whether one lender's disclosure to another lender of the existence of the loan was a breach of the...

Summary When calculating damages for deceit, the measure of damages was the loss flowing directly from the claimant's reliance on the deceitful statement. However, the court did not always have to take the date of reliance as the starting point. Rigidity was to be eschewed and, depending on the facts,...

Summary Statutory interest payable by the administrators of LBIE to its creditors from the surplus in the administration under Rule 2.88(7) of the Insolvency Rules 1986 and Rule 14.23(7) of the Insolvency Rules 2016 is “yearly interest” for the purposes of section 874(1) of the Income Tax Act 2007 and its consequential tax deduction procedure. In...

Summary Statutory interest payable on proven debts in an administration under the Insolvency (England and Wales) Rules 2016 r.14.23(7) amounted to "yearly interest" under the Income Tax Act 2007 s.874. The interest was therefore subject to deductions of basic rate income tax. Facts HMRC appealed against a decision that statutory interest payable...

Summary In determining whether to allow the disclosure of documents concerning a capital reduction hearing to a non-party, the court followed the open justice principle expounded in R. (on the application of Guardian News and Media Ltd) v City of Westminster Magistrates' Court [2012] EWCA Civ 420, where the default position was...

Summary It was in the public interest for the court to determine whether an official receiver who had obtained a without notice recognition order under the Cross-Border Insolvency Regulations 2006 had breached his duty of full and frank disclosure, even though the parties had agreed that the order should no longer...

Summary Where a Companies Act 2006 s.994 petition did not contain any allegations of unfairly prejudicial misconduct on the part of a deceased shareholder, who was a respondent to the petition, references to the deceased's estate in the prayer for relief were struck out. In addition, the relief sought against the...

Summary A judge had been correct to find that a house and the proceeds of its sale were held on a discretionary trust. Although the trust deed did not refer to the house, there was sufficient in the background circumstances to lead a reasonable person to believe that the settlor...

Summary Facts Held Application granted