King v Stiefel (Wasted Costs) [2023] EWHC 453 (Comm).
Judgment Date: 02 Mar 23
The Court of Appeal held that whilst the Judge below correctly identified the law he subsequently erred in applying it to the pleaded claim. The pleaded (disputed) personal conduct of the shareholder and directors (which largely related to steps taken in pursuit of the recovery of their costs of previous...
Facts The applicant Financial Conduct Authority sought a declaration as to whether the court's leave was required for the issue of a "warning notice" against the respondent company under the Financial Services and Markets Act 2000 s.92 and s.126.The respondent had been subject to a winding-up order. The declaration was...
Facts The Competition and Markets Authority (CMA) applied under the Company Directors Disqualification Act 1986 s.9A(10) for the disqualification of the defendant (M) as a director of an estate agency.The CMA had found that M's agency was one of six in the Burnham-on-Sea area of Somerset which had participated...
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 administrators of companies in the Cambridge Analytica group had not breached their duties in connection with the hearing for an administration order, nor had they misconducted themselves during the administration. They would be appointed as the companies' liquidators. Facts The administrators of companies in the Cambridge Analytica group...
Summary Statutory interest payable on proven debts from a surplus 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 income tax. Facts The administrators of Lehman Brothers International (Europe) appealed...