Summary A single fee for the expenses of management of a discretionary trust that related partly to income and partly to capital could be attributed partly to each for the purposes of the Income and Corporation Taxes Act 1988 s.686(2AA). Facts The appellant trustees of a United Kingdom resident discretionary...

Summary There was a close analogy between the court's power under the Financial Services and Markets Act 2000 s.367(3)(b) to wind up a company on the just and equitable ground and the court's well-established jurisdiction to make winding-up orders on the petition of the secretary of state under the Insolvency...

Summary In the circumstances a state was not entitled to state immunity in respect of a claim to enforce a settlement agreement relating to sovereign debt but the state had a real prospect of defending the claim on the basis that certain provisions of the agreement were penal. Facts The...

Summary The court set out the principles to be applied when assessing damages for the loss of the ability to prevent an infringement of a right to light. Facts The court assessed damages in lieu of an injunction. The court had previously found that the defendant company (F) was liable...

Summary The court examined an option agreement relating to the purchase of land for development and was required to decide whether a clause providing for an extension to the option period had been validly executed. The finding involved application of the test in Mannai Investment Co Ltd v Eagle Star...

Summary Where a claimant had issued proceedings in 1997 and had persistently failed to comply with directions and orders and had not progressed the litigation for long periods of time to the extent that his conduct of the case amounted to an abuse of process, it was just to strike out...

Summary A property freezing order obtained by the Assets Recovery Agency was not discharged despite it having been obtained by non-disclosure and innocent misrepresentation at a without notice hearing, because the agency's misjudgement had not been serious and a broad, merits-based evaluation of all the circumstances found no abuse of...

Summary The claimant had no real prospect of establishing its pleaded case claiming rectification of an agreement for the sale of its lease on the ground of unilateral mistake. Facts The applicant (E) applied for summary judgment in respect of the claim of the respondent (R) for the rectification of...

Summary An insurer had not waived the requirement that the insured disclose certain material incidents that had occurred prior to the inception of the policy and had been induced by the insured's non-disclosure to enter into the policy on the agreed terms. The insurer was therefore entitled to avoid the...