Mr James Main v SpaDental Ltd and Timothy Alexander Close (In His Capacity as Trustee in Bankruptcy of Mr Main) [2024] EAT 200
Jamie Cockfield, instructed by Katie Farmer at Trowers & Hamlins LLP, was successful for the trustee in bankruptcy in the Employment Appeals Tribunal. The appeal turned on whether a bankrupt dentist’s claim for holiday pay under the Working Time Regulations 1998, brought in respect of a period of working from March 2013 until February 2019, […]
Manolete v White [2024] EWCA Civ 1418
The Court of Appeal has just handed down judgment in Manolete v White ([2024] EWCA Civ 1418), in which it held that occupational pensions are protected from injunctions requiring them to be drawn down so as to be available to creditors for enforcement purposes. Manolete had obtained a judgment against Mr White which remained unpaid. […]
Wolverhampton City Council & Ors (Respondents) v London Gypsies and Travellers & Ors (Appellants) [2023] UKSC 47
The Supreme Court confirm that ‘newcomer injunctions’ are a new and permissible form of injunction. Caroline Bolton and Natalie Pratt have responded successfully for the Third to Tenth Respondent local authorities in Supreme Court in the appeal of Wolverhampton City Council & Ors v London Gypsies and Travellers & Ors. The issue before the Court […]
Zedra Fiduciary Services (UK) Ltd v Attorney General [2023] EWCA Civ 1332
The Court of Appeal has now conclusively determined that the National Fund (a charitable fund of approximately £550m) should be applied in reduction of the National Debt, confirming the judgment given by Mr Justice Zacaroli in [2022] EWHC 102 (Ch). The Trustee’s appeal, which was brought with the authority of the Court, raised significant questions […]
Last Bus Ltd (t/a Dublin Coach) v Dawsongroup Bus and Coach Ltd [2023] EWCA Civ
Stuart Benzie acted for the Respondent in Last Bus Ltd (t/a Dublin Coach) v Dawsongroup Bus and Coach Ltd [2023] EWCA Civ. 1297, in an appeal against the order of Andrew Baker J in the Commercial Court giving summary judgment in favour of the Defendant. The case involved a transaction where the Claimant had purchased […]
Bowser v Smith [2023] EWCA Civ 923
Judgement has been handed down by the Court of Appeal in Bowser v Smith [2023] EWCA Civ 923, in which Edward Hicks was instructed by Polly Stephenson of Ashtons Legal. This is a cautionary tale highlighting the risks to Personal Representatives (PRs) in aggressively pursuing an application for the removal of their co-executor, the need […]
Appointment of Special Administrators of WealthTek LLP
On Thursday 6 April 2023, at a final hearing, Mr Justice Zacaroli made a special administration order in respect of WealthTek LLP, a wealth management firm which also trades as Vertem Asset Management and Malloch Melville. The Judge appointed Shane Michael Crooks, Mark James Shaw and Emma Sayers of BDO LLP to act as WealthTek’s […]
Watts v Watts [2023] EWHC 679 (Ch)
In a case that has attracted much media attention, last week Master Clark handed down judgment in a case concerning an allegedly forged will. The Claimant, Carlton Watts, had brought proceedings against his mother, Jobyna Watts, for allegedly forging her late husband’s will (“the Will”). Mr Watts alleged Ms Watts had used the will of […]
London Luton BPRA Property Fund LLP v HMRC
HMRC have secured a major victory in the case of London Luton BPRA Property Fund LLP v HMRC, which concerns the availability of business premises renovation allowances, a type of capital allowances. The case relates to the conversion of a property into a hotel situated near London Luton airport. The issues in the case included […]
Marcellus Kooter v (1) The Official Receiver, (2) Manuela Radeva, (3) Simon Underwood and Laurence Pagden (as trustees in bankruptcy) – A review by Lauren Kreamer
On 22 March 2023, Deputy Insolvency and Companies Court Judge Agnello KC handed down judgment in the matter of Marcellus Kooter v (1) The Official Receiver, (2) Manuela Radeva, and (3) Simon Underwood and Laurence Pagden (as trustees in bankruptcy), on an application made by the former trustees in bankruptcy of Ms Radeva relating to […]
