R (on the application of SRM Global Master Fund LP & Ors) v Treasury Commissioners (2009)

Judgment Date: 13 Feb 09

Summary The legislation relating to the assessment of compensation payable to former shareholders of Northern Rock plc following its nationalisation in February 2008 was not unfair or incompatible with their rights under the European Convention on Human Rights 1950 Protocol 1 art.1. Facts The claimants (S) applied for judicial review claiming that the...

Choudhary v Bhattar (2009)

Judgment Date: 11 Feb 09

Summary Regulation 44/2001 provided a basis of jurisdiction regardless of domicile in proceedings concerning the constitution or internal management of a company; injunctive relief was granted to maintain the status quo pending a final hearing where directors claimed that they had been removed and shares forfeited in contravention of the company's...

Pier Antonio Merlo v Michael Joseph Duffy (2009)

Judgment Date: 06 Feb 09

Summary Where the establishment of an offshore company had been paid for by two persons and it had been used for their joint business enterprise, the company's share certificates in bearer form delivered by the legal owner to one of them had belonged beneficially to both from the outset. Facts...

Mobilx Ltd (In Administration) v Revenue & Customs Commissioners (2009)

Judgment Date: 03 Feb 09

Summary Where every transaction engaged in by a company could be traced back to a supplier who had defrauded the Revenue by avoiding the payment of VAT on imported goods and where that company had been made aware of the fact, a VAT and Duties tribunal had been correct to...

Secretary of State for Business, Enterprise & Regulatory Reform v Amway (UK) Ltd (2009)

Judgment Date: 29 Jan 09

Summary The judge had carried out the necessary balancing exercise when refusing a petition under the Insolvency Act 1986 s.124A to wind up a company on public interest grounds. Having regard to a new business model formulated by the company and undertakings offered as to its conduct, the judge's decision...

NML Capital Ltd v The Republic of Argentina (2009)

Judgment Date: 29 Jan 09

Summary Where the question of sovereign immunity was addressed on an application for an order granting permission to serve out of the jurisdiction on a foreign state, but on the basis of a mistaken legal analysis, the court had a discretion to set aside the order, even where the mistake...

Hageman v Holmes (2009)

Judgment Date: 21 Jan 09

Summary A deed of covenant which gave the claimant a contractual right to receive a share of the proceeds of sale of the defendant's shares in a company did not create a trust over, or a fiduciary duty in relation to, the shares in the claimant's favour. Facts The court...

Land Securities PLC v Fladgate Fielder (A Firm) (2009)

Judgment Date: 18 Jan 09

Summary The tort of abuse of process was of limited application and there was no reasonably arguable basis for extending it beyond the heads of damage that had to exist for invocation of the tort of malicious prosecution. In particular, there was no basis for extending it to applications for...