In The Matter Of Lehman Brothers International (Europe) (December 2009)
Judgment Date: 15 Dec 09
Summary The court considered various matters arising under the trusts of an inter vivos settlement dating from 1940 including the arithmetical approach and the proportionate approach to dealing with hotchpot and its jurisdiction under the Trustee Act 1925 s.57 to introduce powers of partition and appropriation. Facts The claimant trustees (T) applied...
Summary When assessing the current value of a property for the purposes of a calculation under the Landlord and Tenant Act 1927 s.18(1), a judge was wrong to have taken into account the likelihood that a former tenant would take a new lease. Facts The appellant landlord (L) appealed against the...
Summary ms had shown, on the balance of probabilities, that a company involved in the supply and export of mobile telephones knew, or ought to have known, that it was participating in transactions connected with the fraudulent evasion of VAT. On that basis it was entitled to refuse to refund...
Summary A property seller had obtained the consent required under a restrictive covenant restricting the development of land without the approval of an adjoining landowner, notwithstanding that the consent obtained was qualified. The qualification was narrower than the restrictions imposed by the covenant, showing that the consent had been given...
Summary The duty of administrators under the Insolvency Act 1986 Sch.B1 para.3(1)(b) to perform their functions in the interests of the creditors as a whole did not mean that the obligation had to be performed in an identical way in relation to each creditor, and unequal treatment of creditors...
Summary When considering the issue of jurisdiction of a court of a Member State under the Regulation 44/2001 art.22, it was unnecessary and wrong to construe the words "regardless of domicile" in that provision as having any application to a case where the person to be sued was not domiciled in...
Summary In the circumstances five repurchase or "repo" transactions in gilts under which the taxpayer received more than it had paid did not give rise to an entitlement to relief in respect of a non-trading deficit. On the correct interpretation of the Finance Act 1996 s.84 the deemed interest expense the...