Results: 30

• Stone & Rolls Ltd v Moore Stephens

  27 Jul 2007 [2007] EWHC 1826 (Comm); [2008] Bus LR 304, QBD

  18 Jun 2008 [2008] EWCA Civ 644; [2009] AC 1391; [2008] 3 WLR 1146; [2008] Bus LR 1579; [2008] 2 Lloyd's Rep 319, CA

  30 Oct 2008 (pet all) [2009] Bus LR 71, HL(E)

  30 Jul 2009 [2009] UKHL 39; [2009] AC 1391; [2009] 3 WLR 455; [2009] Bus LR 1356; [2009] 4 All ER 431; [2010] 1 All ER (Comm) 125; [2009] 2 Lloyd's Rep 537; [2009] WLR (D) 277, HL(E)

  Subsequent considerations : 3 positive; 5 neutral; 3 negative. Subsequent citations: 43.
  COMPANY — Fraud — Knowledge of company
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  Case index catchwords

  COMPANY — Fraud — Knowledge of company — Company used as vehicle to procure funds from bank for sham commercial transactions — Bank's successful action against company and director resulting in company's insolvency — Company's claim for damages for auditors' failure to detect fraud — Whether actions of fraudster to be attributed to company — Whether defence of ex turpi causa available to auditors — Whether defence overridden by fact that fraud relied on very thing auditors engaged to prevent

  14 Case(s) considered

• Odey v Barber

  29 Nov 2006 [2006] EWHC 3109 (Ch); [2008] Ch 175; [2008] 2 WLR 618; [2007] 3 All ER 543, Ch D

  Subsequent citations: 3.
  EASEMENT — Right of way — Grant
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  Case index catchwords

  EASEMENT — Right of way — Grant — Track owned by defendant used by claimants and predecessors for continuous period of 20 years — Defendant's predecessor in title giving claimants' predecessors unsolicited permission to use track — Whether inconsistent with claim to user as of right — Whether precluding acquisition of right of way over track under doctrine of lost modern grant

  5 Case(s) considered

• National Westminster Bank plc v King

  20 Feb 2008 [2008] EWHC 280 (Ch); [2008] Ch 385; [2008] 2 WLR 1279, Ch D

  Subsequent citations: 2.
  COUNTY COURT — High Court — Proceedings transferred from
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  Case index catchwords

  COUNTY COURT — High Court — Proceedings transferred from — High Court proceedings to enforce charging order by order for sale — Amount owing exceeding county court limit — Whether power to transfer proceedings — Whether jurisdiction in county court to make order for sale — County Courts Act 1984, s 40(2) (as substituted by Courts and Legal Services Act 1990, s 2(1))

  1 Statute considered

• In re Harding, decd (Gibbs v Harding)

  12 Jan 2007 [2007] EWHC 3 (Ch); [2008] Ch 235; [2008] 2 WLR 361; [2007] 1 All ER 747, Ch D

  Subsequent citations: 1.
  CHARITY — Charitable purposes — Black community
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  Case index catchwords

  CHARITY — Charitable purposes — Black community — Testamentary gift in trust for black community of specified London boroughs — Whether charitable — Whether object sufficiently certain — Whether gift restricted to class defined by colour contrary to public policy — Whether taking effect with colour restriction removed — Race Relations Act 1976, s 34(1)

  2 Case(s) considered

  1 Statute considered

• Charter plc v City Index Ltd (Gawler, Part 20 defendants)

  12 Oct 2006 [2006] EWHC 2508 (Ch); [2007] 1 WLR 26; [2007] 1 All ER 1049, Ch D

  21 Dec 2007 [2007] EWCA Civ 1382; [2008] Ch 313; [2008] 2 WLR 950; [2008] 2 All ER (Comm) 425; [2008] 3 All ER 126, CA

  22 May 2008 (pet all) [2008] 1 WLR 1334, HL(E)

  Subsequent citations: 10.
  DAMAGES — Contribution — Entitlement
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  Case index catchwords

  DAMAGES — Contribution — Entitlement — Defendant in knowing receipt of trust funds — Claimant seeking restitution — Whether defendant entitled to receive contribution from other persons responsible for loss to trust — Whether disposition in breach of trust “damage” — Whether liability to make restitution “compensation” — Civil Liability (Contribution) Act 1978, ss 1(1), 2(1), 6(1)

  5 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered
• Thomas and Agnes Carvel Foundation v Carvel

  11 Jun 2007 [2007] EWHC 1314 (Ch); [2008] Ch 395; [2008] 2 WLR 1234; [2007] 4 All ER 81, Ch D

  Subsequent considerations : 1 negative. Subsequent citations: 15.
  ADMINISTRATION OF ESTATES — Personal representative — Replacement
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  Case index catchwords

  ADMINISTRATION OF ESTATES — Personal representative — Replacement — Husband and wife domiciled in United States of America making mutual wills — Agreement to leave all property to claimant — Husband dying without altering or revoking will — Wife thereafter making new will leaving estate to second defendant — Wife dying while domiciled in England — First defendant wife's personal representative — American court upholding agreement and claimant's entitlement to wife's estate — First defendant obtaining High Court order for payment of substantial sums from estate — Claimant's action for replacement of first defendant as personal representative or trustee — Whether claimant beneficially entitled “under will of deceased” — Whether first defendant “trustee” and claimant “beneficiary” — Whether American court's decision giving rise to issue estoppel binding on defendants — Whether claimant entitled to summary judgment — Whether first defendant to be replaced as personal representative and trustee — Judicial Trustees Act 1896, s 1 (as amended by Administration of Justice Act 1985, s 50(6)) — Administration of Justice Act 1985, s 50

  4 Case(s) considered

  3 Words & Phrases considered

  2 Statutes considered

• Stow v Stow

  14 Mar 2008 [2008] EWHC 495 (Ch); [2008] Ch 461; [2008] 3 WLR 827; [2008] STC 2298, Ch D

  Subsequent citations: 1.
  HIGH COURT — Jurisdiction — Whether excluded
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  Case index catchwords

  HIGH COURT — Jurisdiction — Whether excluded — Revenue issuing notices of determination to settlement trustees in respect of capital taxes — Trustees appealing to special commissioners — Trustees subsequently bringing High Court proceedings for declaratory relief against revenue and others — Beneficial ownership of settled assets issue both in tax appeals and in High Court proceedings — Revenue applying to strike out High Court proceedings — Whether special commissioners having exclusive jurisdiction to determine issue — Whether High Court proceedings to be stayed pending determination of tax appeals

  4 Case(s) considered
• RHJ Ltd v FT Patten (Holdings) Ltd

  13 Jul 2007 [2007] EWHC 1655 (Ch); [2007] 4 All ER 744, Ch D

  12 Mar 2008 [2008] EWCA Civ 151; [2008] Ch 341; [2008] 2 WLR 1096, CA

  Subsequent considerations : 1 negative. Subsequent citations: 3.
  EASEMENT — Light — Right to light by prescription
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  Case index catchwords

  EASEMENT — Light — Right to light by prescription — Lease reserving to lessor right to build on adjoining land — Lease excluding implied grant of easements — New freehold owner of land formerly subject to lease asserting acquisition of right to light by statutory prescription — Whether reservation in lease “agreement expressly made … for … purpose” of rendering enjoyment of light permissive — Whether reservation capable of preventing acquisition of rights to light by prescription absent express reference to light — Whether preventing acquisition of right — Prescription Act 1832, s 3

  6 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Singla v Brown

  02 Mar 2007 [2007] EWHC 405 (Ch); [2008] Ch 357; [2008] 2 WLR 283; [2008] 2 FLR 125, Ch D (Thomas Ivory QC)

  Subsequent citations: 7.
  BANKRUPTCY — Transaction at undervalue — Application to set aside
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  Case index catchwords

  BANKRUPTCY — Transaction at undervalue — Application to set aside — Property purchased by second defendant but held by her and first defendant as joint tenants — Intention that first defendant have only nominal interest in property — First defendant making no contribution to purchase — First defendant signing receipt of notice of severance served by second defendant accepting he held 1% of beneficial interest in property as tenant in common — First defendant made bankrupt — Trustee in bankruptcy applying for order to set aside transfer as transaction at undervalue — Whether service of notice of severance and execution of receipt constituting transaction at undervalue — Whether court having discretion to make no order notwithstanding fact that transaction at undervalue — Insolvency Act 1986, s 339

  2 Case(s) considered

  1 Statute considered
• C plc v P

  26 May 2006 (Secretary of State for the Home Department intervening) [2006] EWHC 1226 (Ch); [2006] Ch 549; [2006] 3 WLR 273; [2006] 4 All ER 311, Ch D (Evans-Lombe J)

  22 May 2007 (Attorney General intervening) [2007] EWCA Civ 493; [2008] Ch 1; [2007] 3 WLR 437; [2007] 3 All ER 1034, CA

  18 Jan 2008 (pet all) [2008] 1 WLR 153, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 20.
  JUDICIAL PRECEDENT — House of Lords decision — How far binding

  PRACTICE — Discovery — Privilege against self-incrimination
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  Case index catchwords

  JUDICIAL PRECEDENT — House of Lords decision — How far binding — Decision of House of Lords inconsistent with human rights legislation — Whether decision binding on inferior courts

  PRACTICE — Discovery — Privilege against self-incrimination — Claimant obtaining search order — Defendant making non-specific claim to privilege against self-incrimination before allowing search — Discovery of illegal material — Material remaining at all times with supervising solicitor and court-appointed expert — Whether defendant validly claiming privilege — Whether compliance with order resulting in loss of privilege — Whether privilege applying to evidence not produced under compulsion — Human Rights Act 1998, Sch 1, Pt I, art 6

  13 Case(s) considered

  1 Statute considered