Summary The limitation period in respect of a claim by a trustee in bankruptcy under the Insolvency Act 1986 s.423 ran from the date of the bankruptcy order. Facts The appellant trustees (T) appealed against the decision ((2005) EWHC 336 (Ch)) that a settlement, of which T were the trustees, two legal charges...

Summary Where the claimant secretary of state had reformulated his allegations against the defendant director during a civil trial in disqualification proceedings, the key question was whether the defendant fairly knew and understood the substance of the allegations he had to meet and whether he would suffer injustice as a...

Summary Where a claimant had brought proceedings against a party for the recovery of unsecured debts, and that party allegedly had a beneficial interest in property, those proceedings amounted to a "pending land action" for the purpose of the Land Registration Act 2002 s.87 and the claimant was entitled to register...

Summary The terms of a lease and the facts disclosed with clarity that, for rent review purposes, only the part of demised premises that consisted of a site excluding a building should be valued for determining the open market rental value of the demised premises. Facts The claimant landlord (C)...

Summary The Social Security Administration Act 1992 s.117A did not deprive the court of jurisdiction to strike out a claim to recover national insurance contributions. An order striking out such proceedings had been properly made but in the circumstances the court had erred in refusing to reinstate the claim on...

Summary In the circumstances a mortgagee had been entitled to exercise her power of sale when she did but had breached her duties as mortgagee, since she had failed to take care to obtain the proper market price for the property. Facts The claimant (B) brought an action of damages...

Summary Shareholders who had executed share transfers but were still the registered holders of the shares had requisite standing to bring a petition under the Companies Act 1985 s.459. Transferees of shares who had not been registered as shareholders by the company also had the requisite standing to bring a petition....

Summary For the purposes of the exception to the creation of a secure tenancy in the Housing Act 1985 Sch.1 para.6 it was the position between the lessor and the local authority that was important in deciding whether the property had been leased with vacant possession. Paragraph 6(b) required the lease...

Summary In the circumstances, a company that had ceased trading but still received rental income from its former trading premises did not carry on a trade or business for the purposes of the Income and Corporation Taxes Act 1988 s.13(4). Facts The appellant Revenue appealed against a decision holding that, for...