Regency Villas Title Ltd and others (Respondents/Cross-Appellants) v Diamond Resorts (Europe) Ltd and others (Appellants/Cross-Respondents)
The Supreme Court has handed down its judgments in the case of Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd and others,in which the Respondents/Cross-Appellants claimed recreational easements. The well-known leading case of In re Ellenborough Park [1956] Ch 131 was revisited and affirmed. The Justices dismissed the Appellants/Cross-Respondents’ appeal and granted […]
Budd’s Plantation, Aldermaston, Reading – appeal dismissed, appellant’s full and partial costs applications refused
Clive Moys, instructed by Sarah Clarke, Solicitor to West Berkshire Council, successfully represented the local planning authority in a 5 day public inquiry heard in May before Inspector Joanne Burston BSc, MA, MRTPI. The amendments to the National Planning Policy Framework (July 2018) delayed the decision whilst the parties were consulted in writing about the […]
Judgment of the Court of Appeal in Lehtimäki v The Children’s Investment Fund Foundation (UK) and others [2018] EWCA Civ 1605
Mark Mullen appeared for HM Attorney General before the Court of Appeal in Lehtimäki v The Children’s Investment Fund Foundation (UK) and others [2018] EWCA Civ 1605. In the claim, the claimant (‘CIFF’), a company limited by guarantee and a registered charity, sought approval of the making of a grant of $360 million to a […]
Court of Appeal hands down judgment in British Airways pension scheme litigation
British Airways Plc v Airways Pension Scheme Trustee Limited [2018] EWCA Civ 1533 Keith Rowley KC and Henry Day acted for the Trustee of the Airways Pension Scheme in British Airways’ appeal against the first instance decision of Mr Justice Morgan ([2017] EWHC 1191 (Ch)). The appeal concerned whether the Scheme had been effectively amended […]
Day trader sues after making €10 million on “dummy” trades: Peter Dodge comments for the Wall Street Journal
In a bizarre claim brought in France, a seemingly inexperienced day trader is suing a UK authorised brokerage for profits made by building up a $5 billion position in US equity futures on what he initially believed to be a ‘demo’ trading platform. In commenting for the Journal, Peter Dodge questioned how the platform could […]
Determining the priority of payments in an insolvency (Oldham v Katz)
Tina Kyriakides recently acted for the successful appellant in Oldham v Katz (acting as joint liquidator of MK Airlines), a case concerning alleged misfeasance by an administrator in paying administrators’ remuneration. To read the full judgement, please click here. Tina was also interviewed by LexisNexis regarding the case. For the full interview, please click here.
Compromise approved in pension scheme equalisation dispute: Sogefi Filtration Ltd. v. Havard & Ors.
Keith Rowley KC and Henry Day acted on behalf of the claimant sponsoring employer, Sogefi Filtration Ltd, in proceedings concerning whether, following the decisions of the European Court of Justice in Barber v. Guardian Royal Exchange Assurance Group [1991] 1 Q.B. 344 and Coloroll Pension Trustees Ltd. v. Russell [1995] All E.R. (EC) 23, male […]
Finding a valid trust when no property was specified: Ong v Ping
Oliver Hilton acted on behalf of various parties who, in the context of bankruptcy proceedings, sought to set aside a number of judgments of the High Court which were alleged to have been obtained by fraud. The issues included whether a valid Jersey law trust was created in respect of a house in circumstances where […]
Piers Feltham secures victory in pension appeal
Piers Feltham secured a remarkable victory for his client Mr Jossa before the Pensions Ombudsman and then on appeal in the High Court. Mr Jossa had defrauded the London Borough of Enfield of £0.5m before he was made redundant. After his fraud was discovered Enfield sought to set off his unrecovered debt to it for […]
Re FW Mason & Sons Ltd (in Liquidation) [2017] EWHC 1512 (insolvency, liquidators’ remuneration and misfeasance, dishonesty)
In Re FW Mason & Sons Ltd (in Liquidation) [2017] EWHC 1512, the company’s current liquidators were claiming against its former liquidators, (one of whom was represented by Dov Ohrenstein) for alleged misfeasance and were determined to try to prove dishonesty. The allegations were serious and while Mr Justice Morgan accepted that there might be […]
