Secretary of State for Business, Innovation & Skills v Baer Ltd (2011) (Court of Appeal)
Judgment Date: 04 May 11
Summary A document purporting to sell a company's freehold interest in residential property did not require use of the words "by or on behalf of" the company in order to be validly executed. The requirements in the Companies Act 2006 s.44(4) concerning the proper execution of documents were satisfied by the...
Summary It was clear from the words and context of a consent order that the effect of the compromise was that the parties were to keep the money that they had already been paid and drop any claims against each other. Facts The applicants (T) sought a declaration that, on...
Summary The determination of an expert appointed under an option agreement construing the agreement in favour of the purchaser was contractually binding between the parties but not binding on the court as it was not a judicial decision. A concession by the vendor on the construction issue, made before bringing...
Summary It was appropriate to discharge a temporary undertaking limiting the use by receivers of documents disclosed to them in connection with arbitration proceedings. Arbitration confidentiality or privacy was not absolute and the receivership's purpose in getting in and preserving complex commercial assets would be hampered by the requirement either...
Summary The tribunal found that a registered social landlord had not been established for purposes that were exclusively charitable and was therefore not entitled to extend the charitable exemption from corporation tax under the Income and Corporation Taxes Act 1988 s.505 and s.506 to tax years pre-dating its registration as a...
Summary The court construed a lease in a way that the court considered a reasonable person would have understood the parties to have meant by the words they actually used. Facts The claimant (S) brought construction and rectification claims in respect of a sub-sub-underlease which it had entered into with...
Summary Where landlords had served on their tenants a valid notice under a break clause in the lease of commercial premises and a valid notice under the Landlord and Tenant Act 1954 s.25, and had established a valid ground of opposition to a new tenancy under s.30(1)(f) by demonstrating their...