Summary The court examined the principles of tracing and determined that where a fiduciary had paid trust money into one account and its own money into another account held at the same bank, the funds could not be said to have been mixed. In such circumstances, the principles of tracing...

Summary "Transaction" in the Taxation of Chargeable Gains Act 1992 s.116 could not encompass more than one conversion of "securities" within the meaning of s.132. Facts HMRC appealed against a decision ([2014] UKFTT 695 (TC), [2014] S.F.T.D. 1163) that a disposal for cash by the respondent taxpayers of two loan notes did...

Summary The Privy Council considered the scope of the principle that a foreign default judgment was enforceable against a judgment debtor who had made a prior submission to the jurisdiction of the foreign court. In particular, it discussed the circumstances in which an agreement to submit to the jurisdiction of...

Summary A claim for breach of duty against solicitors for negligent drafting of documents was out of time and the claimant had insufficiently pleaded deliberate wrongdoing so as to postpone commencement of the limitation period. However, a claim raised in replies to further information that the solicitors had acted without...

Summary The correct interpretation of a clause in a conditional sale agreement which entitled either party to rescind "if all of the Conditions [had] not been discharged" by the long-stop date was that either party was entitled to rescind after that date, unless all of the conditions had been discharged...

Summary A freezing order was continued against a solicitor who had been the managing director of a firm which had allegedly fraudulently claimed legal aid for thousands of cases. The firm had been liquidated, but the solicitor had signed a deed of guarantee and indemnity in respect of the firm's...

Summary Where the terms relating to the issue of mortgage-backed debentures gave the borrower an option to release a secured property in return for a prepayment of the debenture out of the sale proceeds, that prepayment was not a "mandatory repayment". As a matter of language and on the basis...

Summary The court granted rectification of a deed of amendment to a pension scheme where the evidence leading up to and post-dating the deed compellingly established that a mistake had been made in drafting the deed which did not reflect the intention of the company and the trustees. Facts The...

Summary It was not appropriate to grant summary judgment in favour of the claimant in relation to its claim for the recovery of money allegedly paid in breach of trust. The defendant had a real prospect of successfully defending the claim, and there was another "compelling reason" why the claim...