Summary The assumptions which the valuer of Northern Rock shares was required to make pursuant to the Banking (Special Provisions) Act 2008 s.5(4) did not violate the rights of shareholders under the European Convention on Human Rights 1950 Protocol 1 art.1 Facts The appellants (S) appealed against a decision ((2009) EWHC 227 (Admin), (2009) BCC 251) dismissing...

Summary The appointment of a trust fund to be held for the settlor's grandson who would reach the age of 25 years during the trust period absolutely, which was made in default of other appointments, did not create an indefeasible gift to the grandson, and the trustees' power of appointment was...

Summary It was appropriate to refuse a claim for input tax where the taxpayer was involved in a chain of supply which included fraudulent defaulters and where it must have or should have known that the transactions were fraudulent, regardless of whether the taxpayer knew the identity of the defaulters....

Summary A company had no title to grant leases in respect of two shops because it only had a licence in respect of the land forming the title to the shops and so the owner of the land was entitled to possession of the two shop units and mesne profits....

Summary Where a director of an insolvent company had also been a shareholder and guarantor of the company's parent, and the insolvent company had made payments to the parent that preferred the parent, that did not mean that the director had also been preferred under the Insolvency Act 1986 s.239(4). Facts...

Summary When considering whether to strike out a claim by reason of the claimant's forgeries and fraudulent evidence, the sole question was whether the claimants had forfeited the right to have an adjudication of their claims; the defendant's conduct was irrelevant. Facts The first appellant (Z) appealed against a decision ...

Summary One of the successor states to the former Federal Republic of Yugoslavia had, on the facts, a right in relation to a leasehold interest within the meaning of the Land Registration Act 2002 s.42(1) registered in the name of the Republic. The protection of that right gave the state sufficient...

Summary The cancellation of the right of an issuer of loan notes to satisfy their redemption in a foreign currency amounted to a conversion within the meaning of the Taxation of Chargeable Gains Act 1992 s.132(3). Facts The appellant (K) appealed against the respondent Revenue's estimated assessment to capital gains tax...

Summary There had been no knowledge or intention that the sale of shares by one company to another had been below their market value and no reason to doubt the genuineness of the transaction as a commercial sale, even though the sale price had been calculated on the basis of...