Metropolitan Housing Trust Ltd V RMC FH Co Ltd (2017)

Judgment Date: 24 Oct 17

Summary The release by the headlessee of a property to the developers of an adjoining site of the right of light appurtenant to the headlease would amount to an encroachment on or against the demised premises in breach of the terms of the headlease. Facts The headlessee of a property...

Burrows Investments Ltd v Ward Homes Ltd (2017)

Judgment Date: 20 Oct 17

Summary Where a sale agreement governing the sale of land for residential development restricted the manner in which the developer could dispose of the completed residential units with a view to protecting the seller's right to overage, the subsequent sale of five properties to a registered social housing provider as...

Clavis Liberty Fund 1 LP v Revenue & Customs Commissioners (2017)

Judgment Date: 19 Oct 17

Summary Where a limited liability partnership had engaged in a scheme under the Income and Corporation Taxes Act 1988 s.730 to generate losses which could be offset against its tax affairs elsewhere, HMRC were entitled to reduce those losses to nil because the transaction was an artificial arrangement and not part...

Banner Universal Motion Pictures Ltd v (1) Endemol Shine Group Ltd (2) Friday TV AB (3) NBC Universal Global Networks UK Ltd (2017)

Judgment Date: 19 Oct 17

Summary A documented format for a televised game show could arguably qualify for copyright protection as a dramatic work, but it would need to have identified features distinguishing it from similar types of show, and the features would need to be connected in a coherent framework which could be repeatedly...

(1) Koza Ltd (2) Hamdi Akin Ipek v Mustafa Akcil & 5 Ors (2017)

Judgment Date: 18 Oct 17

Summary The English courts had jurisdiction to hear a claim brought by an English company against its Turkish parent company. The proceedings were principally concerned with the validity of decisions of an organ of the English company, and therefore fell within Regulation 1215/2012 art.24(2). Facts A Turkish parent company and its...

UBS AG v Kommunale Wasserwerke Leipzig GMBH (2017)

Judgment Date: 16 Oct 17

Summary A judge had been right to grant rescission of derivative contracts between a bank and its customer on the grounds of bribery and conflict of interests. He had erred in holding the bank responsible for the bribe, because the third party making it had not, on the facts, been...

Zayo Group International Ltd v Michael Ainger & 6 Ors (2017)

Judgment Date: 13 Oct 17

Summary Claims against seven defendants alleging breaches of management warranties given in a share purchase agreement were dismissed. The claimant had failed to serve the notice of claim on one of the defendants by the final date for service, so, under the terms of the agreement, none of the claims...

Patrick Degorce v Revenue & Customs Commissioners (2017)

Judgment Date: 06 Oct 17

Summary The First-tier Tribunal had not made any material error of law when deciding that a taxpayer who participated in a film finance tax avoidance scheme had not been carrying on a trade capable of giving rise to trading losses. The Upper Tribunal had been entitled to view an error...

(1) Frederick Dennis Baldwin (2) Soma Contract Services Ltd v Jr Pickstock Ltd (2017)

Judgment Date: 05 Oct 17

Summary When an adjudicator failed to provide a decision in accordance with the time agreed by the parties, his appointment lapsed or expired by effluxion of time. The provision in the Scheme for Construction Contracts (England and Wales) Regulations 1998 Sch.1 Pt I para.9 allowing an adjudicator to resign "at any...