Summary The First-tier Tribunal had erred in concluding that limited liability partnerships involved in the production of films and computer games had carried on a trade for the purpose of being able to claim trading losses in their partnership returns, and had wrongly applied a partly objective test when considering...

Summary The court declined to stay proceedings under the Arbitration Act 1996 s.9 where an arbitration agreement in a film completion guarantee covered the issue whether completion and delivery of the film had occurred but not the issue between the parties as to whether in the circumstances completion and delivery was...

Under the "one voice" doctrine, whereby if the Foreign and Commonwealth Office chose to recognise somebody as the executive authority of a foreign state then the court could not second-guess the recognition, the lawfulness or validity under foreign law of the acts of the recognised foreign government could not be...

Summary On the proper interpretation of a financial consultancy agreement, a material breach by the consultant, consisting of an indication that he would no longer continue to perform the services specified by the contract, could only be remedied by his actually resuming performance. A mere assurance that he would do...

Summary In a case concerning noise nuisance in which the claim against the first to third defendants succeeded, but the claim against the fourth defendant failed, a judge had been entitled to make a Bullock order requiring the unsuccessful defendants to meet the costs ordered to be paid by the...

Summary The carrying out of industrial works on agricultural land over which a claimant enjoyed various sporting, shooting and fishing rights was a substantial interference with those rights. However, the claimant had not exercised its rights for over 60 years and it was unlikely that it had suffered any pecuniary loss....

Summary Questions of whether a claim to possession of a flat would be defeated by a defence of adverse possession, and whether raising the adverse possession defence would be an abuse of process, were not suitable for summary determination on the available facts. Facts The second to fourth defendants (D...

Summary The High Court considered the liability of the majority directors of an insolvent company in respect of a grant of security to themselves for a loan made by them to the company and in respect of a distribution in specie of the company's shareholding in a subsidiary. The court...

Summary A "double derivative" claim by the beneficiaries of the trust which held a minority shareholding in a company failed where the claimants could not show that the defendant had acted as a de facto director of the company or that he had acted fraudulently. Facts The claimants brought a...