Summary In the circumstances a debenture holder did "take possession" of property subject to a charge which as created was a floating charge for the purposes of the Companies Act 1985 s.196. Facts The appellant bank (R) appealed against a decision ((2006) EWHC 2813 (Ch), (2007) Bus LR 474) on a preliminary issue in proceedings...

Summary To the extent that any particular expense of trustees was to be regarded as incurred for the benefit of the whole trust estate it had to be regarded as a capital expense for the purposes of the Income and Corporation Taxes Act 1988 s.686(2AA). The starting point was that...

Summary The judge had correctly exercised his discretion when making an order that the appellant should pay 75 per cent of the respondent's costs following an application for an injunction. Facts The appellant company (F) appealed against a decision ((2007) EWHC 828 (Ch)) that it pay the respondent company (T) 75 per cent of...

Summary There were sufficient indications in the wording of a guarantee of the borrower's obligations in a loan agreement to displace the strong presumption against giving the words "on demand" in a guarantee the effect of creating an independent primary obligation outside a banking context. Facts The appellants (V) appealed...

Summary In the circumstances the procedural deficiencies in a without notice application for a freezing injunction were such as to entitle the successful respondent to his costs on an indemnity basis. Facts The applicant liquidator (F) applied for a freezing injunction against the first respondent (S) and S applied for...

Summary An obligation owed by a lessee to a potential buyer of the freehold property to surrender its leasehold interest prior to the property being sold was rendered void by the Landlord and Tenant Act 1954 s.38(1). Facts The first appellant company (U) and the second appellant company (B) appealed against...

Summary The administration of justice required that there should be finality in litigation at an appropriate stage, and so an application under the CPR r.52.9(1)(c) was refused where it was made very late without a good explanation. Facts The applicant (H), which had been ordered to pay the costs...

Summary "Hope value" was not a permissible element in valuations under the Leasehold Reform, Housing and Urban Development Act 1993 Sch.6 or Sch.13 and should not be included in the price payable for collective enfranchisement or lease extensions. Facts The freeholders (C and W) appealed against the decision of the Lands...

Unfair Prejudice. Instructed as junior counsel.