Summary The right to appeal against tax assessments was not property capable of being sold within the meaning of the Insolvency Act 1986 Sch.4 Pt III para.6. A liquidator could therefore not assign the conduct of such an appeal to the liquidated company's former directors. Facts The applicant liquidator sought directions...

Summary The Lands Tribunal had been entitled to conclude that damage notices given under the Coal Mining Subsidence Act 1991 s.3 were valid. Facts The appellant authority appealed against a decision ([2012] UKUT 20 (LC), [2012] R.V.R. 157) that valid damage notices had been given by the respondents (N) under the Coal Mining...

Summary The court was prepared to hear a contemnor in opposition to a bank's application for a final charging order over a property, where the property was not the subject of the court order in respect of which the contemnor was said to be in breach. Facts The court was...

Summary The principle that it would be an abuse of process to challenge a decision in earlier proceedings where that would bring the administration of justice into disrepute was wide enough to encompass the situation where a person had not been a party to the earlier proceedings but only a...

Summary A public house operator had more than a fanciful chance of establishing at trial that its agent had been dishonest and in breach of fiduciary duty by acting for another party in finding suitable property that it might well have wanted to buy. Further, most of a statement by...

Summary The court determined a number of issues arising out of a dilapidations claim and held that the damages payable to the landlord for the tenants' breach of their repairing obligations would be limited by the Landlord and Tenant Act 1927 s.18(1) to the diminution in value of the reversion. Facts...

Summary The court made declarations that certain real property and pension funds were the realisable assets of a person convicted of fraud and money laundering and subject to a confiscation order. Facts The applicant receiver applied for orders in relation to properties and pension funds which he alleged were part...

Summary An order under which a small firm of solicitors would deliver up documents and information required by liquidators to fulfil their duty under the Insolvency Act 1986 s.234 and s.236 could be drafted in a way that was not draconian in its demands on the resources of the firm, but...