Summary The Court of Appeal upheld a decision that a claim by a company in liquidation, which had been the vehicle for a VAT fraud, against its former directors and overseas suppliers alleged to have been involved in the fraud, was not precluded by the principle of ex turpi causa...
Summary A claimant who had repeatedly sought confirmation as to the identity of the correct defendant from a company in the same group, but had received no reply on that issue from the defendant's solicitors during a period of almost three years, was entitled to amend its claim to add...
Summary A golf course was an asset of a golf and country club partnership, rather than of the partners individually, at the time the partnership made an election to waive exemption from VAT in respect of land. Consequently, it was liable to account for VAT on rental income received in...
Summary The court discharged an order restoring possession of properties to their mortgagors pending their appeal against the refusal of their application for postponement of a possession order, where the original order had been made without the mortgagors providing full and frank disclosure. Facts The court reconsidered its order that...
Summary A cricket club had had a tenancy without a lease in writing, meaning that the landlord's right of action for possession accrued on the determination of the tenancy in accordance with the Limitation Act 1980 Sch.1 Pt I para.5. Although the club had entered into a written tenancy agreement regarding...
Summary The decision in Daejan Investments Ltd v Benson [2013] UKSC 14, [2013] 1 W.L.R. 854 established that the risk profile for landlords managing owner-occupied flats had changed considerably since the Leasehold Valuation Tribunal's decision in Zuckerman v Calthorpe Estates Trustees [2009] UKUT 235 (LC), [2011] L. & T.R. 12 making provision for an additional 0.25 per cent...
Summary The principle expressed in Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd [2008] EWHC 2280 (TCC), 122 Con. L.R. 88, namely that a costs penalty might be appropriate where one party made a Part 36 offer which was nearly sufficient and the other party rejected that offer outright without any attempt to...
Summary An Italian public authority's delay in applying to set aside a default judgment granting declaratory relief to two banks was sufficient in itself to justify refusing its applications. Further, the authority had disclosed no sound basis for why summary judgment should not be granted in favour of the banks...