Summary The case concerned the validity of a break notice under a lease of a substantial distribution warehouse. The break notice referred to only one of the two joint tenants under the lease. The defendant tenants alleged that, on its true construction, the break notice was valid. Alternatively, they alleged...
Summary This was a mortgagee's claim for possession against its borrower, Ms Welch, of a property at 23 Ferndale Road, Shrewsbury. The claim against Ms Welch was not defended. The real substance of the action was the mortgagee's claim for possession against the occupiers, Mr and Mrs Jackson. Mr Jackson had...
Summary Michael Driscoll QC and Ciaran Keller, who did not appear below, appeared for the successful appellants, Star Energy, in a landmark decision in the Court of Appeal against Mr Al Fayad’s company Bocardo SA. Bocardo had succeeded before Peter Smith J in obtaining an order that required Star...
Summary John Dagnall appeared for Christine Laird who was employed as Chief Executive of Cheltenham Borough Council from 2002 until August 2005 when her employment terminated as a result of ill-health depression. Subsequently she was sued in misrepresentation with the employer alleging that she had fraudulently, and if not then negligently, made...
Summary It was in the public interest to make orders winding up companies where the business affairs of the companies had been conducted with a lack of commercial probity. Facts The petitioner secretary of state petitioned for the respondent companies to be wound-up on the grounds of public interest. The...
Summary Repayment of input tax was rightly refused on the ground that the taxpayers knew that their dealings in mobile phones were connected with a VAT fraud elsewhere in the chain of supply. Facts The appellant companies (C and O) appealed against a decision ((2007) BVC 2544) refusing repayment of input tax...
Summary In an action brought by the liquidators of a company against a director pursuant to the Insolvency Act 1986 s.212, it was sufficiently clear from the points of claim that what was being alleged was that losses were suffered by the company during a period when it traded using money...
Summary The court acceded to a request to grant declarations of right, in terms agreed by the parties, that two transfers of shares in a company were, and always had been, void on the basis that the transferor lacked the necessary mental capacity to make them. Facts The first and...
Summary The grant of a without notice freezing injunction on the basis of a real risk of asset dissipation had been correctly granted and allegations of material non-disclosure were manifestly unsustainable. Facts The third and fourth defendants (X and Y) applied to set aside a freezing order imposed against them...