VB Football Assets v (1) Blackpool Football Club (Properties) Ltd (Formerly Segesta Ltd) (2) Owen Oyston (3) Karl Oyston (4) Blackpool Football Club Ltd (2018)

Judgment Date: 05 Feb 18

Summary Judgment debtors were refused an extension of time to make payments in instalments where they had failed to meet the first due date. They had been unable to sell assets, permission to appeal against the judgment had been refused, and the creditor was prejudiced by continuing to be denied...

(1) Simon Franklin Plant (2) Daniel Plant (Administrators Of Relentless Software Ltd) v (1) Vision Games 1 Ltd (2) Ultimate Finance Ltd (3) Thincats Loan Syndicates Ltd (4) Relentless Vision 1 Ltd (20

Judgment Date: 25 Jan 18

Summary The court interpreted agreements by which a video games development company had agreed to accept funding from a loan company, secured by various charges. In particular, it determined that the funder had no security or other proprietary interest in monies in the company's bank accounts, derived from tax credits....

Adrian Howard Mundy v Trustees of the Sloane Stanley Estate (2018)

Judgment Date: 24 Jan 18

Summary In calculating marriage value for the purposes of determining the premium to be paid for the acquisition of a new lease under the Leasehold Reform, Housing and Urban Development Act 1993 Pt I, the Upper Tribunal had been entitled to have regard to real-world transactions in which the lease attracted...

(1) Mark Alan Holyoake (2) Hotblack Holdings Ltd v Nicholas Anthony Christopher Candy & 5 Ors (2017)

Judgment Date: 21 Dec 17

Summary In determining the lawfulness of a loan and supplemental rescheduling agreements, the court considered allegations of fraudulent misrepresentation, duress, undue influence, and extortion under colour of due process. It also considered whether one lender's disclosure to another lender of the existence of the loan was a breach of the...

Darius Khakshouri v (1) Anthony Jimenez (2) Kevin Cash (2017)

Judgment Date: 20 Dec 17

Summary When calculating damages for deceit, the measure of damages was the loss flowing directly from the claimant's reliance on the deceitful statement. However, the court did not always have to take the date of reliance as the starting point. Rigidity was to be eschewed and, depending on the facts,...

Commissioners for HMRC v Joint Administrators of Lehman Brothers International (Europe) (“LBIE”) (in administration) (2017)

Judgment Date: 19 Dec 17

Summary Statutory interest payable by the administrators of LBIE to its creditors from the surplus in the administration under Rule 2.88(7) of the Insolvency Rules 1986 and Rule 14.23(7) of the Insolvency Rules 2016 is “yearly interest” for the purposes of section 874(1) of the Income Tax Act 2007 and its consequential tax deduction procedure. In...

Revenue & Customs (2016) v Lehman Brothers International (Europe) (In Administration) Sub Nom (1) Anthony Victor Lomas & Ors

Judgment Date: 19 Dec 17

Summary Statutory interest payable on proven debts in an administration under the Insolvency (England and Wales) Rules 2016 r.14.23(7) amounted to "yearly interest" under the Income Tax Act 2007 s.874. The interest was therefore subject to deductions of basic rate income tax. Facts HMRC appealed against a decision that statutory interest payable...

In The Matter Of Watchstone Group Plc Sub Nom Slater & Gordon (UK) 1 Ltd v Watchstone Group Plc (2017)

Judgment Date: 18 Dec 17

Summary In determining whether to allow the disclosure of documents concerning a capital reduction hearing to a non-party, the court followed the open justice principle expounded in R. (on the application of Guardian News and Media Ltd) v City of Westminster Magistrates' Court [2012] EWCA Civ 420, where the default position was...

In Re Dalnyaya Step LLC (In Liquidation) v Nogotkov Kirill Olegovich, The Official Receiver Of Danyaya Step LLC (In Lidquidation) (2017)

Judgment Date: 15 Dec 17

Summary It was in the public interest for the court to determine whether an official receiver who had obtained a without notice recognition order under the Cross-Border Insolvency Regulations 2006 had breached his duty of full and frank disclosure, even though the parties had agreed that the order should no longer...