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BAS Capital Funding Corporation, Deutsche Bank Ag London, Paine Webber Capital Inc, PW Exe Lp, Pw Partners 1999 Lp v Medfinco Limited, Abacus Holdings Limited, Andreas W Gerdes, HTC Inc, etc: ChD 25 Jul 2003

The claimants wanted to bring actions in respect of various matters under shareholders agreements in complex international joint ventures. Leave was given to serve English proceedings in Malta, and the claim form and particulars of claim were faxed and emailed and delivered by hand at the registered offices of the company and at the private … Continue reading BAS Capital Funding Corporation, Deutsche Bank Ag London, Paine Webber Capital Inc, PW Exe Lp, Pw Partners 1999 Lp v Medfinco Limited, Abacus Holdings Limited, Andreas W Gerdes, HTC Inc, etc: ChD 25 Jul 2003

Express Newspapers v Telegraph Group Ltd: CA 15 Mar 2002

The parties entered into a joint venture for the provision of printing resources. This survived until one member company changed hands, when there were disagreements about a shareholder’s agreement. There were difficulties of construction. Held: Because this was a pure construction of a commercial agreement, there was no restriction on appellate jurisdiction to interpret the … Continue reading Express Newspapers v Telegraph Group Ltd: CA 15 Mar 2002

Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: Admn 11 Mar 2010

The claimant challenged the defendant’s policies on caring for elderly people within the community saying that it provided insufficient funds, and the procedures for review were inadequate and infringed her human rights. Citations: [2010] EWHC 414 (Admin), (2010) 13 CCL Rep 227 Links: Bailii Statutes: Chronically Sick and Disabled Persons Act 1970 2(1), National Health … Continue reading Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: Admn 11 Mar 2010

In re Maxwell Communications plc: ChD 1993

It was argued that the pari passu distribution of assets among unsecured creditors was a general rule of insolvency law from which it was not possible to contract out, even to one’s own disadvantage, particularly by analogy with cases on set-off in insolvency. Held: This was not the law. There was no reason why a … Continue reading In re Maxwell Communications plc: ChD 1993

Regina v Redford: CACD 1989

The court considered an allegation of cheating the public revenue. Held: After citing Mavji: ‘Mr Ashe-Lincoln candidly conceded that if no distinction can be drawn in this context between an act and an omission, to use convenient shorthand, then this appeal fails. His submission was that this, as he would say, crucial, distinction did not … Continue reading Regina v Redford: CACD 1989

Land Securities Plc and Others v Fladgate Fielder (A Firm): CA 18 Dec 2009

The claimants wanted planning permission to redevelop land. The defendant firm of solicitors, their tenants, had challenged the planning permission. The claimants alleged that that opposition was a tortious abuse because its true purpose was to pressure the claimants into relocating them. The claimants appealed against summary dismissal of their claim on the basis that … Continue reading Land Securities Plc and Others v Fladgate Fielder (A Firm): CA 18 Dec 2009

Littlewoods Ltd and Others v Commissioners for Her Majesty’s Revenue and Customs: SC 1 Nov 2017

The appellants had overpaid under a mistake of law very substantial sums in VAT over several years. The excess had been repaid, but with simple interest and not compound interest, which the now claimed (together with other taxpayers amounting to 17 . .