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...