Summary An appeal against a notice to counteract a tax advantage obtained on the sale of shares to a qualifying employee share ownership trust was dismissed because the appellant failed to show that tax saving was not the main object of that sale. Facts The appellant businessman (G) appealed against...

Summary It was inappropriate for the English courts to assume jurisdiction of a claim and allow service outside of the jurisdiction where although it had been shown that there was a good arguable case that there was an agreement between the parties which was governed by English law the underlying...

Summary Where a company, pursuant to a promissory note, advanced a sum of $2 million for the purchase of a property that was subject to a first legal charge in favour of a bank and a clause in the note provided that the amount advanced would become repayable if the bank...

Summary The court made costs orders against individual animal rights activists who had been named as representative members of a number of animal rights organisations and against whom injunctions had successfully been obtained. Facts Following its judgment in the case of Smithkline Beecham Plc v Avery (2009) EWHC 1488 (QB), the court...

Summary A break clause had not been validly exercised by a commercial tenant as the condition precedents to determine the lease had not been strictly complied with; in particular dilapidations and repairs remained outstanding which amounted to material breaches. Facts The claimant landlord (L) sought a declaration that a break...

Summary A written agreement for the sale of commercial property was no longer valid where related agreements between the parties had been terminated and it was clear from the express language of the commercial agreement that the terminations of the other agreements had rendered the commercial agreement unworkable, and where...

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....