Afzaal Hussain, Mona Qutb (By her Litigation Friend Azam Qutb) v Bank of Scotland Plc (2012)

Judgment Date: 08 Mar 12

Summary Permission to appeal had been obtained by the deception of a person without standing to launch an appeal or to obtain permission to appeal and, on the permission being set aside for those reasons, there was no appeal to be decided and so it had to be dismissed. Facts...

Barnsley & Ors v Noble & Ors (2012)

Judgment Date: 07 Mar 12

Summary The court had jurisdiction to order a payment on account of costs where a costs order was deemed to have been made under CPR r.44.12 on discontinuance of a claim under CPR r.38.6. Facts The court was required to determine costs following the discontinuance of claims by claimant (C)...

In the matter of Lehman Brothers International (Europe) v CRC Credit Fund Ltd (2012)

Judgment Date: 29 Feb 12

Summary The Supreme Court considered three issues concerning the meaning and application of the client money rules in Chapter 7 of the Client Assets Sourcebook issued by the Financial Services Authority. It held that a statutory trust arose on the firm's receipt of client money; participation in the notional client money...

JSC BTA Bank v Mukhtar Ablyazov & 6 Ors (29 February 2012)

Judgment Date: 29 Feb 12

Summary Where the court had issued a warrant for the committal of a contemnor and he had gone into hiding, it was just and convenient to issue a mandatory injunction, pursuant to the Senior Courts Act 1981 s.37(1), ordering him to surrender himself to the tipstaff so that the latter could...

Attorney General v Charity Commission for England and Wales & 10 Ors (2012)

Judgment Date: 20 Feb 12

Summary Charities and benevolent bodies whose objects were the relief of poverty for a restricted group of beneficiaries nevertheless met the express requirement in the Charities Act 2006, and in case law prior to the coming into force of the Act, that they be "for the public benefit" and were therefore...

Dramatico Entertainment Ltd & 8 Ors v British Sky Broadcasting Ltd & 5 Ors (2012)

Judgment Date: 20 Feb 12

Summary The downloading and uploading of music industry sound recordings by the operators and users of a peer-to-peer file-sharing website infringed the copyrights of record companies in the United Kingdom. Facts The court was required to determine preliminary issues in relation to the alleged infringement of sound recordings copyright of...

JSC BTA Bank v Mukhtar Ablyazov (16 February 2012)

Judgment Date: 16 Feb 12

Summary The applicant bank had satisfied the court to the criminal standard of proof that the respondent was guilty of contempts of court by failing to disclose his assets in breach of a worldwide freezing order. Facts The applicant Kazakh bank (B) applied to commit the first defendant (X) for...

Newbold v Coal Authority (2012)

Judgment Date: 16 Feb 12

Summary On giving a damage notice under the Coal Mining Subsidence Act 1991 s.3, the purpose of the requirement to give particulars in accordance with the Coal Mining Subsidence (Notices and Claims) Regulations 1991 Sch.1 was both to show that the notice was served by the owner or some other person liable...

AH Field (Holdings) Ltd v Revenue & Customs Commissioners (2012)

Judgment Date: 07 Feb 12

Summary Revenue and Customs had been right to disallow claims made by a company for loan relationship debits and fee payments, the loans having been entered into for an "unallowable purpose" within the meaning of the Finance Act 1996 Sch.9 para.13. In ascertaining a company's purposes in the context of Sch.9...