Barklem v HMRC [2024] EWHC 651 (Ch)
Mr Justice Fancourt has handed down judgment in Barklem v HMRC [2024] EWHC 651 (Ch), in which HMRC successfully obtained an order striking out High Court proceedings on the ground that they were an abuse of process. The claim had been brought in connection with a film partnership tax scheme. Nicholas Macklam acted for HMRC. […]
PSG Trust Corporation v CK [2024] EWCOP 14
Justin Holmes, instructed by the Official Solicitor, was successful in PSG Trust Corporation v CK [2024] EWCOP 14, a decision of Hayden J, which considered the circumstances in which knowledge of the size of her compensation fund could be withheld from P. It is not uncommon, particularly in brain injury cases, for survivors to be […]
Burke & Ors v Peabody Construction Ltd [2024] EWHC 392 (Ch)
Matthew Weaver KC, instructed by Aaron Harlow, Hayley Çapani, Charles Williams and Aadil Qureshi of Shoosmiths, acted for the successful Applicants. The Court overturned a decision awarding costs against the joint supervisors of a CVA. The Court emphasised that costs orders against a nominee are rare, and some element of personal misconduct is needed to justify them. Even where a […]
Dominik Thiel-Czerwinke and Jamie Taylor (as Joint Liquidators of Courtside Recycling Limited (in liquidation)) v Nicholas Crabb [2024] EWHC 337 (Ch)
Chloe Shuffrey, instructed by Frances Coulson and Ian Rees of Wedlake Bell LLP, acted for the successful Applicants, the joint liquidators of Courtside Recycling Limited (in compulsory liquidation), in a claim for c. £2.5m pursuant sections 212 (misfeasance / breach of duty) and 213 (fraudulent trading) against the former director of the Company. In its […]
Scotbeef Ltd v D&S Storage Ltd & Lonham Group Ltd [2024] EWHC 341 (TCC)
Today HHJ Kelly sitting in the High Court in Leeds handed down judgment on Scotbeef Ltd v D&S Storage Ltd & Lonham Group Ltd [2024] EWHC 341 (TCC), which is only the third published decision on the novel provisions of the Insurance Act 2015 removing the previous duty of good faith in insurance contracts. Andrew […]
Trinidad & Tobago Court of Appeal delineate the jurisdiction of a University Visitor
Robert-Jan Temmink KC and Catherine Doran appeared in the Trinidad & Tobago Court of Appeal for the successful appellant. In a decision which will be relevant to certain other Commonwealth and former Commonwealth countries, the Court of Appeal rejected the University of West Indies’ contention that the Court’s jurisdiction had been ousted by the University […]
Lane v Lane [2024] EWHC 275 (Ch)
Daniel Burton, instructed by Rob Adam of Greene & Greene, represented the successful Claimant beneficiary in contested Part 64 proceedings concerning the administration of a farming estate. The Court held that a testamentary gift of a “share and interest” in a dissolved partnership had not adeemed and, generally, would not adeem until the payment of […]
Savage v Savage [2024] EWCA Civ 49
The Court of Appeal have handed down judgment in Savage v Savage [2024] EWCA Civ 49, clarifying the respective rights of majority and minority beneficiaries when disputes arise over trusts of land. William Moffett and Amber Turner, instructed by Simon Donald of Cripps LLP, represented the successful appellant in a second appeal. The case considered […]
Simon Mills successfully opposed mandatory injunction
Last month it was reported that that Unicorn Payment Ltd has settled its £5.1 million claim against Worldpay (UK) Ltd in which it asserted Worldpay had wrongly withheld remittances under a payment facilitation agreement. This follows Unicorn’s attempt last year to obtain a mandatory interim injunction that Worldpay should part of the sums withheld before […]
Jaffer v Jaffer [2024] EWHC 135 (Ch)
Robert Pearce KC and Matthew Mills, instructed by Alistair Robertson and Darryn Hale of DAC Beachcroft LLP, have successfully defended substantial charity proceedings in Jaffer v Jaffer [2024] EWHC 135 (Ch). The Claimant had alleged that the 2020 election for President of the World Federation of the Khoja Shia Ithna-Asheri Muslim Communities was invalid, and […]