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 […]
Enforceability of charges and validity of appointments under paragraph 14, Schedule B1
On 11th August 2023, Deputy ICC Judge Baister handed down judgment in Re The Sustainable Bathroom Company Ltd [2023] EWHC 2065 (Ch) in which he held that administrators were validly appointed pursuant to paragraph 14 of Schedule B1 because: (1) notwithstanding that the debenture did not contain any express provision stating when it became “enforceable”, […]
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 […]
A candid approach? Leave to act applications and evidence for directors (Re V1CE Ltd) – by Zachary Kell
Zachary Kell recently wrote an article for Lexis titled ‘A candid approach? Leave to act applications and evidence for directors (Re V1CE Ltd)’ Restructuring & Insolvency analysis: By an application for leave to act as a director despite the acceptance of a disqualification undertaking pursuant to section 17 of the Company Directors Disqualification Act 1986 […]