Summary Certain "land banking" schemes, under which a company marketed plots of land on sites to investors by undertaking to progress planning procedures at the sites, procure the sites' sale and pay the investors a share of the consideration, were unauthorised collective investment schemes within the Financial Services and Markets...
Summary On the proper construction of a "clawback" agreement between a hedge fund and its fund managers, the hedge fund could claw back a discretionary bonus paid to an individual fund manager only if it could establish a causal link between the losses sustained by the funds for which that...
Summary It was not fatal to a claim to an equity under the principle in Pallant v Morgan [1953] Ch. 43 that negotiations between the parties were expressly subject to contract. However, the court determined that two companies which had entered into negotiations with a view to acquiring a property as joint...
Summary The extent of an exclusive prescriptive right to take cockles and mussels from a stretch of the foreshore on the east side of the Wash, on the west coast of Norfolk, was to be determined, on its western, seaward boundary, by reference to the lowest astronomical tide. The right...
Supreme Court decision on dishonest assistance, conspiracy, director’s breach of duty, corporate attribution, illegality and fraudulent trading (led by Christopher Parker KC) arising out spot trading in carbon credits.
Summary It was not appropriate to grant the claimant an interim injunction restraining the defendant landowner from interfering with her sporting rights, which primarily involved the shooting of game, over his land: there was no real risk that the defendant would embark upon or resume any of the activities which...
Summary The UK subsidiary of a Luxembourg company was "solvent" for the purposes of a solvency condition in subordinated loan facility agreements between the companies. Accordingly, part repayments made, or expected to be made, by the subsidiary to the parent company were held by the parent company free from any...
Summary The purported protector of a trust was refused permission to re-amend his defence and bring a counterclaim in proceedings challenging the validity of his appointment. The application for re-amendment had been made very late, jeopardising the trial date, and raised significant new issues without any explanation for the delay....
Summary The purported protector of a trust was refused permission to re-amend his defence and bring a counterclaim in proceedings challenging the validity of his appointment. The application for re-amendment had been made very late, jeopardising the trial date, and raised significant new issues without any explanation for the delay....