Star v Bocardo (2009)

Judgment Date: 15 Jun 09

Summary Michael Driscoll QC and Ciaran Keller, who did not appear below, appeared for the successful appellants, Star Energy, in a landmark decision in the Court of Appeal against Mr Al Fayad’s company Bocardo SA. Bocardo had succeeded before Peter Smith J in obtaining an order that required Star...

Cheltenham Borough Council v Christine Susan Laird (2009)

Judgment Date: 15 Jun 09

Summary John Dagnall appeared for Christine Laird who was employed as Chief Executive of Cheltenham Borough Council from 2002 until August 2005 when her employment terminated as a result of ill-health depression. Subsequently she was sued in misrepresentation with the employer alleging that she had fraudulently, and if not then negligently, made...

Secretary of State for Business, Enterprise & Regulatory Reform v Charter Financial Solutions Ltd

Judgment Date: 22 May 09

Summary It was in the public interest to make orders winding up companies where the business affairs of the companies had been conducted with a lack of commercial probity. Facts The petitioner secretary of state petitioned for the respondent companies to be wound-up on the grounds of public interest. The...

Calltel Telecom Ltd v Revenue & Customs Commissioners (2009)

Judgment Date: 21 May 09

Summary Repayment of input tax was rightly refused on the ground that the taxpayers knew that their dealings in mobile phones were connected with a VAT fraud elsewhere in the chain of supply. Facts The appellant companies (C and O) appealed against a decision ((2007) BVC 2544) refusing repayment of input tax...

Jeremy French v Igor Flavio Cipolletta (2009)

Judgment Date: 15 May 09

Summary In an action brought by the liquidators of a company against a director pursuant to the Insolvency Act 1986 s.212, it was sufficiently clear from the points of claim that what was being alleged was that losses were suffered by the company during a period when it traded using money...

Issac Bruce Hayim, Ian James Pringle, Jill Mary Ross v Jeanne Regina Couch (2009)

Judgment Date: 15 May 09

Summary The court acceded to a request to grant declarations of right, in terms agreed by the parties, that two transfers of shares in a company were, and always had been, void on the basis that the transferor lacked the necessary mental capacity to make them. Facts The first and...

Itsalat International Co Ltd v Allied TC Plc & Ors (2009)

Judgment Date: 14 May 09

Summary The grant of a without notice freezing injunction on the basis of a real risk of asset dissipation had been correctly granted and allegations of material non-disclosure were manifestly unsustainable. Facts The third and fourth defendants (X and Y) applied to set aside a freezing order imposed against them...

Clarke v Murphy (2009)

Judgment Date: 12 May 09

Summary A building scheme existed in respect of certain properties so that each property owner could object to a proposed discharge or modification of restrictive covenants in respect of one of the properties. Facts The tribunal was required to determine as a preliminary issue whether the fourth and fifth objectors ...

David George Head v Social Security Commissioner (2009)

Judgment Date: 07 May 09

Summary The future right to an enhanced state pension did not constitute a "possession", within the meaning of that term under the European Convention on Human Rights 1950 Protocol 1 art.1, until retirement, at which point national law could determine what that entitlement was. On that basis the future right to an...