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...

Summary A company director of a claims management service involved in selling various insurance products to claimants was disqualified under the Company Directors Disqualification Act 1986 s.8 following his misconduct and misrepresentation in selling the products and in the flotation of the company on the stock market. Facts The applicant secretary...

Summary In the circumstances an issue of shares to a director by a company did not qualify for Enterprise Investment Scheme relief because the issue of shares was caught by the value received rules in the Taxation of Chargeable Gains Act 1992 Sch.5B para.13 as a result of the director...

Summary A company was entitled to a declaration that it was the beneficial owner of the four issued shares in a second company where it had established that it had been the intention of all of the parties involved that those shares were to be held on a resulting trust...

Summary A trader could lose the right to claim input tax wherever fraud occurred in a chain of transactions as long as the transaction entered into by the trader was connected with that fraud and he knew or should have known it was connected with it. Facts The appellant taxpayer ...

Summary In determining the price to be paid by the nominee purchaser exercising a right to collective enfranchisement, hope value attributable to the possibility of non-participating tenants wishing to obtain new leases of their flats in the open market could be taken into account under the Leasehold Reform, Housing and...

Summary A judge had erred in annulling a bankruptcy order on the basis that the Revenue's failure to notify the bankrupt that he had no tax liability amounted to an exceptional circumstance for the purpose of the Insolvency Act 1986 s.375. The bankrupt's claim that the Revenue's mistake meant that he...

Summary In order to succeed in a claim for adverse possession, an intention to infringe the rights of the paper owner was unnecessary; the claimant's recognition that he might have to go if asked to do so was not inconsistent with the requisite intention to possess. Facts The claimant family...

Summary The court interpreted a clause in a shareholders' agreement on the basis that the inclusion of words of obligation in a transfer of shares provision did not, on their own, oblige shareholders to purchase the shares of shareholders who were no longer employed by the relevant company. Facts The...