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...
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...
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...
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...
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...
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...
Summary Under the general law, expenses incurred for the benefit of both the income and capital beneficiaries of a trust had to be charged against capital. It was only those expenses which were incurred exclusively for the benefit of the income beneficiaries that could be charged against income. Fees of...