Results: 38

• The Creative Foundation v Dreamland Leisure Ltd

  11 Sep 2015 [2015] EWHC 2556 (Ch); [2016] Ch 253; [2015] 3 WLR 1814; [2015] WLR (D) 383, Ch D (Arnold J)

  Subsequent citations: 1.
  LANDLORD AND TENANT — Lease — Implied term
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  LANDLORD AND TENANT — Lease — Implied term — Famous street artist painting mural of substantial value on demised premises without knowledge or prior consent of landlord or tenant — Mural becoming chattel following removal of wall by tenant in purported compliance with repair covenant — Whether term to be implied into lease as to ownership of chattel — Whether mural belonging to landlord or tenant

  2 Case(s) considered

• EMI Group Ltd v O & H Q1 Ltd

  16 Mar 2016 [2016] EWHC 529 (Ch); [2016] Ch 586; [2016] 3 WLR 269; [2016] WLR (D) 150, Ch D (Amanda Tipples QC)

  LANDLORD AND TENANT — Covenant — Assignment of lease
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  LANDLORD AND TENANT — Covenant — Assignment of lease — Tenant purporting to assign tenancy to guarantor — Whether purported assignment void — Whether assignment valid but tenant’s covenants in lease void and unenforceable against assignee — Landlord and Tenant (Covenants) Act 1995, ss 3(2), 5(2), 24(2), 25(1)

  2 Case(s) considered

  1 Statute considered

• Southward Housing Co-operative Ltd v Walker

  08 Jun 2015 [2015] EWHC 1615 (Ch); [2016] Ch 443; [2016] 2 WLR 605; [2015] WLR (D) 246, Ch D (Hildyard J)

  Subsequent citations: 4.
  LANDLORD AND TENANT — Lease — Validity

  HOUSING — Non-secure tenancies — Possession proceedings
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  LANDLORD AND TENANT — Lease — Validity — Parties entering into tenancy agreement lease stated to provide weekly tenancy determinable by service of notice to quit — Whether fetter on landlord’s right to serve notice — Whether lease invalid as being for term of uncertain duration — Whether lease for life at common law converted by statute to 90-year lease irrespective of intention of parties — Whether agreement taking effect as contractual licence — Whether landlord entitled to order for possession — Law of Property Act 1925, s 149(6)

  HOUSING — Non-secure tenancies — Possession proceedings — Tenants of fully mutual housing associations excluded from security of tenure provisions — Prohibition on discrimination in enjoyment of Convention rights on grounds of specified personal characteristics or “other status” — Whether status of tenant of fully mutual association “other status” — Whether exclusion from security of tenure breach of Convention rights — Whether necessary to read security of tenure provisions so as to apply to such tenants — Human Rights Act 1998, Sch 1, Pt I, art 14

  4 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• King v Dubrey (King v Chiltern Dog Rescue )

  01 Jun 2014 [2014] EWHC 2083 (Ch); [2014] WTLR 1411; [2014] CN 1206, Ch D (Charles Hollander QC sitting as a deputy High Court judge)

  09 Jun 2015 [2015] EWCA Civ 581; [2016] Ch 221; [2016] 2 WLR 1; [2015] WTLR 1225; [2015] WLR (D) 245; [2016] 1 P &CR DG4, CA (Jackson, Patten, Sales LJJ)

  Subsequent citations: 3.
  GIFT — Donatio mortis causa — Realty

  GIFT — Donatio mortis causa — Land
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  GIFT — Donatio mortis causa — Realty — Deceased purporting to make gift of land by delivery of title deeds — Whether donor having capacity — Whether valid donatio mortis causa

  GIFT — Donatio mortis causa — Land — Owner leaving property by will to charities — Owner frail but reasonably healthy subsequently delivering title deeds to nephew and orally indicating that property would be his when she died — Owner dying a few months later — Whether owner making conditional gift of property to nephew — Whether made in contemplation of her impending death in near future — Whether property passing to nephew as donatio mortis causa

  2 Case(s) considered
• In re Lehman Bros International (Europe) (No 4)

  14 Mar 2014 [2014] EWHC 704 (Ch); [2015] Ch 1; [2014] 3 WLR 466; [2015] 2 All ER 111; [2015] 1 All ER (Comm) 813; [2015] 1 BCLC 151; [2014] WLR (D) 132, Ch D (David Richards J)

  14 May 2015 [2015] EWCA Civ 485; [2016] Ch 50; [2015] 3 WLR 1205; [2016] 2 All ER 836; [2016] 1 All ER (Comm) 1079; [2015] 2 BCLC 433; [2015] WLR (D) 218, CA

  03 Nov 2015 (appn all) [2015] 1 WLR 5234, SC(E)

  17 May 2017 [2017] UKSC 38; [2018] AC 465; [2017] 2 WLR 1497; [2018] 1 All ER 205; [2018] 1 All ER (Comm) 629; [2017] 2 BCLC 149; Case details, SC(E)

  Subsequent considerations : 3 positive; 2 neutral. Subsequent citations: 32.
  INSOLVENCY — Administration — Distribution of assets
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  INSOLVENCY — Administration — Distribution of assets — Ranking of claims which might be made against available assets of unlimited company after payment of general unsecured unsubordinated creditors — Potential liability of members for liabilities of company — Relationship between liability as members and claims as creditors — Whether claim of subordinated debt holder ranking ahead of or behind statutory interest — Whether claim ranking ahead of or behind foreign currency conversion claims — Whether foreign currency conversion claims payable out of assets — Whether contractual interest provable or statutory interest payable for period of administration if immediately followed by liquidation — Whether members’ liability to contribute in liquidation limited to funds required to pay debts and liabilities proved in liquidation — Whether contributory rule applying in administration — Insolvency Act 1986 (as amended by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings Order 2009, Sch 1, para 75(3)), ss 74, 189 — Insolvency Rules 1986 (as amended by Insolvency (Amendment) Rules 2003, Sch 1, para 9 and Insolvency (Amendment) Rules 2005, r 12), r 2.88(1)(7)

  INSOLVENCY — Administration — Distribution of assets — Ranking of claims which might be made against available assets of unlimited company after payment of general unsecured unsubordinated creditors — Potential liability of members for liabilities of company — Relationship between liability as members and claims as creditors — Whether claim of subordinated debt holder ranking ahead of or behind statutory interest — Whether claim ranking ahead of or behind foreign currency conversion claims — Whether foreign currency conversion claims payable out of assets — Whether contractual interest provable or statutory interest payable for period of administration if immediately followed by liquidation — Whether members’ liability to contribute in liquidation limited to funds required to pay debts and liabilities proved in liquidation — Whether contributory rule applying in administration — Insolvency Act 1986, ss 74(1), 189 — Insolvency Rules 1986 (as amended by Insolvency (Amendment) Rules 2003, Sch 1, para 9 and Insolvency (Amendment) Rules 2005, r 12), r 2.88(1)(7)

  INSOLVENCY — Administration — Distribution of assets — Ranking of claims which might be made against available assets of unlimited company after payment of general unsecured unsubordinated creditors — Potential liability of members for company’s debts — Relationship between liability as members and claims as creditors — Whether claim of subordinated debt holder ranking ahead of or behind statutory interest — Whether claim ranking ahead of or behind foreign currency conversion claims — Whether foreign currency conversion claims payable out of assets — Whether contractual interest provable or statutory interest payable for period of administration if immediately followed by liquidation — Whether members’ liability to contribute in liquidation limited to funds required to pay debts and liabilities proved in liquidation — Whether contributory rule applying in administration — Insolvency Act 1986 (c 45), ss 74(1), 150, 189(2) — Insolvency Rules 1986 (SI 1986/1925) (as amended by Insolvency (Amendment) Rules 2003 (SI 2003/1730), r 5(1), Sch 1, para 9, Insolvency (Amendment) Rules 2005 (SI 2005/527), rr 10, 12 and Insolvency (Amendment) Rules 2010 (SI 2010/686) r 2, Sch 1, paras 83, 195), rr 2.86, 2.88(1)(7), 4.93, 4.195

  12 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Littlewoods Ltd v Revenue and Customs Comrs

  28 Mar 2014 [2014] EWHC 868 (Ch); [2014] STC 1761; [2014] WLR (D) 154, Ch D (Henderson J)

  21 May 2015 [2015] EWCA Civ 515; [2016] Ch 373; [2015] 3 WLR 1748; [2015] STC 2014; [2015] WLR (D) 228, CA

  23 Dec 2015 (appn all) [2016] 1 WLR 459, SC(E)

  01 Nov 2017 [2017] UKSC 70; [2018] AC 869; [2017] 3 WLR 1401; [2018] 1 All ER 83; [2017] STC 2413; [2017] WLR (D) 744; Case details, SC(E) (Lord Reed, Lord Carnwath, Lord Hodge JJSC, Lord Neuberger of Abbotsbury, Lord Clarke of Stone-cum-Ebony)

  Subsequent considerations : 2 neutral. Subsequent citations: 21.
  REVENUE — Value added tax — Refund

  EUROPEAN UNION — Breach of European Union law — Domestic remedy

  RESTITUTION — Unjust enrichment — Money had and received
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  REVENUE — Value added tax — Refund — Revenue refunding value added tax overpaid by taxpayer companies — Revenue paying simple interest on overpaid sums at statutory rate — Companies seeking compound interest on overpayments — Companies advancing mistake-based and restitutionary claims — Whether companies entitled to compound interest — Whether United Kingdom legislation conforming with European Union law — Value Added Tax 1994, ss 78, 80

  REVENUE — Value added tax — Refund — Claimants overpaying value added tax — Revenue refunding principal sum and simple interest thereon — Restitution claims for compounded use value of sums paid — Whether statute excluding restitution claims — Whether exclusion contrary to European Union law — Whether measure of recovery based on objective use value or actual use and benefit — Whether compound interest payable — Value Added Tax Act 1994, ss 78, 80 (as amended by Finance Act 1996, s 197(6)(d)(ii) and Finance (No 2) Act 2005, ss 3, 4(2))

  EUROPEAN UNION — Breach of European Union law — Domestic remedy — Overpayment of value added tax — Revenue refunding principal sum and statutory simple interest — Restitution claims for time value of sums paid pursuant to unlawful exactment and mistake of law — Whether statutory exclusion of claims contrary to European Union law — Value Added Tax Act 1994, ss 78, 80 (as amended by Finance Act 1996, s 197(6)(d)(ii) and Finance (No 2) Act 2005, ss 3, 4(2))

  RESTITUTION — Unjust enrichment — Money had and received — Revenue receiving overpayments of value added tax — Restitution claims for time value of sums overpaid — Whether statute excluding restitution claims — Whether benefit from overpayments measured on objective use value or actual use and actual benefit derived — Whether compound interest payable — Value Added Tax Act 1994, ss 78, 80 (as amended by Finance Act 1996, s 197(6)(d)(ii) and Finance (No 2) Act 2005, ss 3, 4(2))

  REVENUE — Value added tax — Refund — Claimants overpaying VAT — Revenue refunding principal sum and simple interest thereon — Restitution claims for time value of sums overpaid pursuant to unlawful exactment and mistake of law — Whether statute excluding restitution claims — Whether exclusion contrary to European Union law — Whether compound interest payable — Value Added Tax Act 1994 (c 23) (as amended by Finance Act 1996 (c 8), s 197(6)(d)(ii), Finance Act 1997 (c 16), ss 44, 47 and Finance (No 2) Act 2005 (c 22), ss 3, 4(2)), ss 78, 80

  11 Case(s) considered

  1 Statute considered

• Harb v Prince Fahd Bin Abdul Aziz

  09 Jun 2014 [2014] EWHC 1807 (Ch); [2014] 1 WLR 4437; [2015] 1 All ER 77; [2014] WLR (D) 248, Ch D (Rose J)

  13 May 2015 [2015] EWCA Civ 481; [2016] Ch 308; [2016] 2 WLR 533; [2016] 3 All ER 902; [2015] WLR (D) 213, CA

  Subsequent citations: 5.
  INTERNATIONAL LAW — State immunity — Former head of state
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  INTERNATIONAL LAW — State immunity — Former head of state — King ceasing to be head of state on his death — Whether estate’s immunity from suit limited to official acts performed during king’s tenure in post — Whether claim in relation to private — matter barred by defence of state immunity — Diplomatic Privileges Act 1964, Sch 1, art 39 — State Immunity Act 1978, s 20(1)

  INTERNATIONAL LAW — State immunity — Former head of state — King ceasing to be head of state on his death — Whether claim in respect of private acts of king when head of state barred by defence of state immunity — State Immunity Act 1978, s 20(1)

  5 Case(s) considered

  2 Statutes considered
• In re MF Global UK Ltd (in special administration) (No 7) (Fleming v LHC.Clearnet Ltd)

  31 Jul 2015 [2015] EWHC 2319 (Ch); [2016] Ch 325; [2016] 2 WLR 588; [2015] WLR (D) 350, Ch D (David Richards J)

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 3.
  INSOLVENCY — Administrator — Inquiry into company’s dealings
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  INSOLVENCY — Administrator — Inquiry into company’s dealings — Company going into special administration — Transactions between company and French clearing house resulting in company suffering substantial losses — Administrators questioning whether clearing house acting in breach of duty in relation to transactions — Administrators applying for order that responsible officer of clearing house appear before High Court and produce documents relating to transactions or that he give evidence and produce documents to French court — Whether court’s power to summons person and to require production of evidence having extra-territorial effect — Whether administrators intending to use evidence sought in judicial proceedings — Whether European Union Regulation allowing for taking of evidence by court of another member state applicable — Insolvency Act 1986 (as amended by Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010, art 5(6)), ss 236, 237(3) — Council Regulation (EC) No 1206/2001, art 1(2)

  1 Case considered

  1 EU Enactment considered

  1 Statute considered

• The Charity Commission for England and Wales v Mountstar (PTC) Ltd

  21 Apr 2016 [2016] EWHC 876 (Ch); [2016] Ch 612; [2016] 3 WLR 218; [2016] WLR (D) 201, Ch D (Snowden J)

  Subsequent citations: 1.
  CHARITY — Supervision — Charity Commission
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  CHARITY — Supervision — Charity Commission — Charity involved in tax avoidance scheme — Charity claiming gift aid on donations from taxpayers — Revenue rejecting claims — Commission appointing interim joint managers in respect of charity — Managers deciding to discontinue gift aid claims — Commission seeking sanction of court for managers’ decision — Function and approach of court — Whether appropriate to sanction decision — Charities Act 2011 (c 25), s 78(5)(b)

  1 Case considered

  1 Statute considered

• Skelwith (Leisure) Ltd v Armstrong

  08 Oct 2015 [2015] EWHC 2830 (Ch); [2016] Ch 345; [2016] 2 WLR 144; [2015] WLR (D) 415, Ch D (Newey J)

  Subsequent citations: 1.
  LAND REGISTRATION — Registration — Charged property

  MORTGAGE — Sale by mortgagee — Statutory power
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  Case index catchwords

  LAND REGISTRATION — Registration — Charged property — Person “entitled to be registered as the proprietor” of legal charge — Whether entitled to exercise “owner’s powers” — Whether entitled to exercise power of sale — Land Registration Act 2002, ss 23(2), 24(b)

  MORTGAGE — Sale by mortgagee — Statutory power — Mortgage debt assigned in equity if not in law — Whether assignee able to exercise mortgagee’s power of sale as person “entitled to receive and give a discharge for the mortgage money” — Law of Property Act 1925, ss 101, 106

  3 Case(s) considered

  3 Words & Phrases considered

  2 Statutes considered