Summary A "flip-flop" scheme for reducing capital gains tax carried out by different sellers of shares in the same company fell foul of s.77 Taxation of Chargeable Gains Act 1992. Facts Five appeals by Inspectors of Taxes from a decision of the Special Commissioners dated 23 May 2002 allowing appeals by the respondent...

Summary The right to seek disclosure of trust documents was an aspect of the court's inherent jurisdiction to supervise and if necessary to intervene in the administration of trusts and did not depend on the right or claim of a beneficiary to a proprietary interest in the trust property. Facts...

Summary Claim by the Inland Revenue seeking to recover from Nash tax debts incurred by Alpine (Specialist Services) Ltd ('company 2'), which went into liquidation in December 1997. Facts The Revenue contended that by s.216 and s.217 Insolvency Act 1986 Nash was jointly and severally liable for those debts. John Nash (Specialist...

Summary Construction of lease; Rectification; Summary Judgment

Summary A director of a company who was guilty of dishonesty in relation to the practice of "grossing up" within the insurance business would be disqualified for nine years. Facts Application by the Secretary of State for Trade and Industry under s.8 Company Directors Disqualification Act 1986 seeking a discretionary disqualification...

Summary Where there was no correlation between use, by the claimant and defendant, of water raised from a bore hole on the defendant's land and maintenance costs, a declaration that the cost of supplying water be borne rateably by the users could not be justified. Facts In the first of...

Summary Where India rather than England was the natural forum for the resolution of a dispute about the ownership of, and investment in, an Indian company, a freezing order against the defendant was discharged and the claimants action in the UK stayed. Facts Interpartes application by the claimants SMAY and...

Summary Rent was not "unpaid" for the purposes of Ground 8 Sch.2 Part I Housing Act 1988 if a cheque for the arrears due at the date of the hearing had been delivered to the landlord, accepted by him and met on presentation. Facts Tenant's ('C') appeal from a possession order made...

Summary A case of professional negligence against a valuer could not be established where he had attributed no value to theoretically lettable space as this had been his reasonably held opinion based on local market conditions. The valuation did not fall outside the appropriate range of permissible non-negligent valuations. Facts...