High Court: Chancery Division judgments, 2008

A power in pension-scheme rules to determine a normal retiring date in “any particular case” is confined to individual cases or particular members. It does not…

Under the Company Directors Disqualification Act 1986, unfitness is determined by applying the ordinary meaning of the statutory words to the facts. The…

An extended civil restraint order may validly prohibit a litigant from taking steps in any court, alongside the specific procedural rules governing civil…

When sanctioning a transfer of general insurance business under Financial Services and Markets Act 2000 Part VII, the court’s central concern is whether…

In construing a commercial contract, the court must begin with the language used. Commercial purpose and background may justify an alternative construction…

For an ill-health pension under regulation 27 of the Local Government Pension Scheme Regulations 1997, leaving employment must have been caused by permanent…

For the purposes of a notice to pay under Case D of Schedule 3 to the Agricultural Holdings Act 1986, “rent” includes VAT charged on the consideration for the…

A resulting trust may arise over shares issued to individuals where, viewed in the context of the whole transaction, a company provided the real economic cost…

Where an executor or trustee brings proceedings to resolve rival claims to estate or trust assets, the proper role is ordinarily neutral. The claimant should…

A several fishery in gross may be acquired by prescription or lost modern grant where long, open and uninterrupted user is referable to a possible lawful…

A claim to title by adverse possession requires both factual possession and an intention to possess. Factual possession requires an appropriate degree of…

For the purposes of Insolvency Act 1986, s.423, putting assets beyond creditors’ reach need not be the debtor’s only or dominant purpose. It is sufficient that…

A Community trade mark proprietor may obtain protection against use of an identical or similar sign even where its actual trading has occurred principally…

Whether expenditure is a service charge cost of “Promotion” depends first on whether it is advertising or another form of promotion of the centre, and only…

On an indemnity costs assessment, proportionality does not arise. The receiving party must still show that costs were reasonably incurred and reasonable in…

On an appeal against the admission of creditors’ claims for voting purposes in an IVA, the court determines each claim on the balance of probabilities. The…

Rescission of a bankruptcy order under section 375 of the Insolvency Act 1986 requires exceptional circumstances involving a material difference from the…

The court may waive statutory publicity requirements for an insurance business transfer scheme where strict compliance is impracticable, provided appropriate…

Costs ordinarily follow the event, but the court may make a different order where partial success, unreasonable conduct or settlement conduct provides good…

Adverse possession requires factual possession and an intention to possess the land for the occupier’s own benefit. It does not require an intention to own the…

Article 119 of the EEC Treaty had direct effect on occupational pension schemes from 17 May 1990. It automatically modified discriminatory scheme provisions so…

Under section 68(2)(d) of the Arbitration Act 1996, the court may intervene where an arbitrator fails to deal with an issue essential to the decision and that…

A claimant who proves conversion of goods may recover damages even where the precise identity and value of the goods cannot be established with precision. The…

In probate proceedings, the usual rule that the successful party receives its costs may be displaced where the litigation was caused by the deceased or where…

An easement to park may fail where it deprives the servient owner of the benefits of ownership and leaves ownership illusory. The applicable question is…

A member state may use different systems to relieve economic double taxation of domestic and foreign dividends, but foreign dividends must not receive less…

A non-exclusive jurisdiction clause creates a strong prima facie case that the chosen court is the appropriate forum. The English court will ordinarily hold…

In deciding whether an intermediary arrangement falls within the IR35 legislation, the court must construct the hypothetical direct contract required by the…

Under Schedule B1 to the Insolvency Act 1986, an applicant challenging an administrator’s conduct under paragraph 74 must establish both harm to its interests…

For statutory-charge purposes, property may be preserved where mortgage-possession proceedings result in the mortgagor retaining possession, even though the…

A restrictive covenant against anything which may become a nuisance or annoyance can apply to the effect of building works, even where a separate covenant…

A contractual milk producer does not remain the producer merely because it retains a management role after selling the dairy business and granting possession…

The Copyright Tribunal’s jurisdiction under sections 128A and 128B of the Copyright, Designs and Patents Act 1988 extends to a delivery-system-neutral…

A court order may be proved by secondary evidence where the original order and court records are unavailable. Authenticated copies, supported by evidence from…

For the purposes of Insolvency Act 1986, a transaction expressed to be a gift is not necessarily a transaction at an undervalue. The court must determine…

A shareholder petition under Companies Act 2006, section 994, requires conduct in the affairs of the company which is both prejudicial and unfair, with a…

When a solicitor’s undertaking remains capable of performance, the usual order is specific enforcement of the undertaking. Increased cost caused by the…

A bankruptcy order may be annulled where it ought not to have been made, including where the bankruptcy process is used as a weapon in family litigation rather…

An oral agreement that legal owners will hold property for another’s benefit may give rise to a common-intention constructive trust despite the absence of…

An employer may owe a duty to take reasonable care to obtain agreed insurance cover for an employee’s death-in-service benefit. Negligence may arise from…

Under Civil Procedure Rules 1998, r 19.2(2)(a), a person may be joined where joinder is desirable to enable the court to resolve all matters in dispute. The…

The civil standard of proof remains the balance of probabilities, including where fraud is alleged. The seriousness of an allegation and its consequences…

Trade mark infringement under section 10(2)(b) requires a global assessment of the likelihood of confusion, viewed through the eyes of the reasonably…

A plain-word Community trade mark protects the words in any graphical representation. Use of an identical sign for identical goods infringes, subject to…

In professional negligence, a claimant suffers actionable damage when, because of negligent advice, a transaction secures less valuable rights or benefits than…

Residence is a question of fact and degree. A person may reside, and be ordinarily resident, in more than one country at the same time. The court must assess…

Contractual rights under a security trust deed are determined by ordinary principles of construction. There is no general presumption that insolvent assets…

An adjournment will not be granted merely because a litigant has suffered a serious injury. The court must assess, on the available medical evidence, whether…

An insolvency administration order is not automatically annulled because the original petitioner lacked standing. The court has a discretion under the…

A directors’ power to refuse registration of a share transfer must be exercised bona fide in the interests of the company. The relevant interests are those…

Rectification of a will under section 20(1) of the Administration of Justice Act 1982 requires proof of the testator’s intentions, a failure by the will to…

Parallel conduct by competitors does not, without more, establish an unlawful agreement or concerted practice. The court must assess the evidence as a whole…

For statutory open-market valuation, the assumed sale takes place in the real market for the property. The court must investigate who would realistically buy…

Standard and special conditions in a land sale contract must be read together as one coherent scheme unless a clear conflict requires displacement of the…

An insolvency appeal from a county court lies to a judge of the High Court under the special insolvency appeal regime. The restrictions in paragraph 8.13 of…

An appellate court should interfere with first-instance factual findings only in exceptional circumstances. It must respect the trial judge’s advantage in…

A third party debt order may be made against a debt owed to a publicly funded litigant, even though the debt is subject to the Legal Services Commission’s…

A disputed debt may confer standing to apply for an administration order if the applicant has a good arguable case that a debt of sufficient amount is owing.…

On an appeal under rule 4.70 of the Insolvency Rules 1986, the court determines whether a proof or vote was valid for voting purposes, examining the evidence…

A supply to self-employed hairdressers is not an exempt letting of immovable property merely because it includes a right to use a chair or defined area. The…

A pension scheme trustee may use scheme powers to effect a partial buy-out and then fix an applicable time for calculating the employer’s debt under Pensions…

Under the Companies (Cross-Border Mergers) Regulations 2007, approval of merger terms by members must ordinarily occur at a meeting summoned under Regulation…

The court has jurisdiction under Insolvency Act 1986 to wind up an unregistered foreign company in the statutory circumstances. Its exercise is discretionary…

An application under the Cross-Border Insolvency Regulations 2006 may engage the Article 8 rights of persons whose confidential business correspondence and…

Testamentary capacity depends on whether the testator understood the nature and effect of the will, the extent of the property disposed of, and the moral…

Where a contractual success fee depends on comparing an initial offer with the consideration under a completed transaction, the comparison should be made…

On a petition under section 124A of the Insolvency Act 1986, the court must balance the public-interest grounds established against factors opposing a…

For Section 35(3) of the Limitation Act 1980, an “original counterclaim” may be any cause of action asserted by an existing defendant against an existing…

Tax consequences of repo transactions are determined by the statutory hypotheses enacted by Parliament, rather than by the transaction’s economic profit or its…

Trustees may enter contractual restrictions affecting future distributions where those restrictions are authorised by the trust’s investment powers and are…

Relief under section 74 of the Finance Act 2003 depends on each statutory condition being satisfied. Section 4A of the Leasehold Reform, Housing and Urban…

In a contentious probate claim, a will that is regular on its face attracts a rebuttable presumption of due execution. Strong evidence is required to displace…

A director’s general management powers belong to the board collectively unless the company’s constitution or course of dealing establishes individual…

A transaction involving a company and a shareholder is not necessarily an unlawful distribution merely because it transfers value without reference to…

A solicitor may act against a former client unless the former client establishes a real risk arising from confidential information. Where clients share a…

For capital allowances, the relevant question is what the taxpayer acquired and whether the taxpayer incurred expenditure on that acquisition for the purposes…

On an appeal under the insolvency practice direction, the appellate court reviews the lower court’s decision and intervenes where it was wrong or unjust…

On an application for permission to appeal, the claimant must show a real prospect of persuading the appellate court that the lower court was wrong. The court…

Compensation under a cross-undertaking given for interim relief is assessed according to the undertaking’s terms and is compensatory, not punitive. Where an…

Under section 176A(5) of the Insolvency Act 1986, the court has no power to disapply section 176A(2) selectively for some unsecured creditors while preserving…

For summary judgment on trade mark non-use, the applicant must show that the proprietor has no real prospect of establishing genuine use within the registered…

The exercise of a mortgagee’s statutory power of sale after default does not, in itself, deprive the mortgagor of possessions for the purposes of Article 1 of…

An option agreement is not to be supplemented merely because it favours one party or produces an unattractive result. A term may be implied only where…

An oral agreement for a three-year lease may take effect as an immediate legal lease where possession is given, the term is at the best rent reasonably…

Proprietary estoppel requires a sufficiently certain interest in land and clarity about the fact or mixed fact and law which the promisor is estopped from…

A challenge under section 68 of the Arbitration Act 1996 requires a serious irregularity falling within the statutory categories and causing, or likely to…

Equitable relief may be granted where a sufficiently serious mistake causally induced a transaction. The relevant question is whether the person affected by…

In an unusual administration, claims for the return of assets should ordinarily be appraised and processed by the administrators, as officers of the court…

A voucher is a face-value voucher only where it represents a right to obtain goods or services up to a stated or recorded monetary amount. The amount must…

Under section 51(3) of the Supreme Court Act 1981, the court may order a non-party to pay costs where a company’s litigation was pursued at that person’s…

An option in a lease must be strictly construed, but strict construction does not require the court to disregard commercial purpose or common sense. Unless…

Under the IR35 legislation, the court must construct the relevant hypothetical contract and decide whether it would have been a contract of service. The income…

A solicitor’s duties are defined by the scope of the retainer. Where a firm acts for one spouse and relies on the other spouse, who is a partner, to discharge…

Where a structure or surface is placed on another’s land without consent, its continued presence may constitute a continuing trespass, particularly where the…

A fiduciary and imperative power vested in an employer to direct the destination of a pension scheme surplus is not itself trust property, and its donee is not…

For the contaminated-land landfill tax exemption, the relevant activity is assessed by reference to whether it has ceased in relation to the land. The court…

A professional adviser’s duty is defined by the retainer and all relevant circumstances, including the client’s objectives, characteristics and known plans. An…

Collective negotiations and exclusive licensing arrangements do not infringe Article 81 merely because they restrict individual negotiations or increase…

Private-law estoppel is unavailable to restrain a local authority exercising statutory planning powers. The expression planning law is construed broadly and…

A director’s fiduciary duties must be assessed by reference to the scope of the company’s actual or contemplated business. The no-conflict rule is engaged only…

Permission to appeal from an arbitration award under section 69 of the Arbitration Act 1996 should be refused where the arbitrator applied the correct legal…

Proprietary estoppel requires an assurance of a right or interest in land, reliance, and unconscionable detriment. The elements are interdependent. An informal…

Under County Courts Act 1984, the High Court has jurisdiction to permit set-off between a High Court order and a county court judgment, including where the…

A registered three-dimensional Community trade mark must be assessed by reference to the mark as registered and presumed valid unless invalidity is…

Expedition is a discretionary case-management remedy. The court must balance the applicant’s risk from delay against prejudice to the opposing parties, the…

The statutory power to establish a compensation scheme included power to require, as a condition of compensation, assignment of claims against third parties…

On an application to serve a claim form out of the jurisdiction, the claimant must show a good arguable case that the claim falls within a relevant…

Three-dimensional articles made for use as film props are not necessarily sculptures or works of artistic craftsmanship. The decisive question is the purpose…

For a payment under a currency contract to qualify under section 151(1)(b) of the Finance Act 1994, it must be made to induce or secure the counterparty’s…

A winding-up petition must serve a legitimate insolvency or winding-up purpose. A former member who will cease to be a member before the petition can be heard…

On a public-interest winding-up petition, the court must independently evaluate the whole of the evidence and balance the factors favouring and opposing a…

Where property is transferred into the joint names of domestic partners, the starting presumption is that their legal and beneficial interests coincide. That…

Testamentary capacity requires the testator to understand the will, the property disposed of, and the claims of potential beneficiaries. The testator must also…

A joint venture conducted through companies may retain a distinct hybrid character, combining corporate vehicles with personal rights and obligations between…

A company’s separate legal personality cannot be disregarded merely because it was used to hold property for the benefit of another person. A transaction is a…

Legal professional privilege protects confidential communications made in a relevant legal context by a qualified legal adviser, subject to waiver and the…

A person who issues insurance documents as agent for an unauthorised or non-existent insurer may nevertheless be the insurer if, in substance, that person…

A bankruptcy restrictions order is not a matter of general discretion. The court must evaluate the bankrupt’s conduct and decide whether it falls below the…

Subsurface drilling and pipelines may constitute trespass where they pass through land to obtain valuable minerals, even if they are deep underground and cause…

Section 37 of the Taxation of Chargeable Gains Act 1992 prevents the same money being taxed both as income and as a capital gain. It does not permit the entire…

A mortgagor’s equity of redemption is a beneficial interest in land capable of being charged under section 2 of the Charging Orders Act 1979. The existence of…

A statutory appeal from a Pensions Ombudsman determination is confined to points of law and proceeds on the facts found by the Ombudsman. Scheme assets held by…

A dealer agreement may confer implied authority on a dealer to sell goods as the manufacturer’s agent before the manufacturer has been paid, where that…

A charitable trust’s purposes cannot be altered by adopting religious or other internal rules without an appropriate scheme. Internal rules may regulate the…

A trust deed should, where its language permits, be interpreted so as to give effect to all its provisions. A survivorship clause may validly create…

Under Land Registration Act 2002, rectification may be ordered where a registered proprietor’s entry is a mistake and the proprietor in possession caused or…

A negligent valuation does not automatically establish recoverable loss where the valuation falls within the range that a reasonably competent valuer, acting…

The court has an inherent jurisdiction to stay an order pending appeal. A declaration of trade mark invalidity may also be suspended pending separately brought…

Income tax penalty proceedings under the Taxes Management Act 1970 are civil proceedings. The applicable standard of proof is therefore the balance of…

A collective challenge to standard consumer contract terms proceeds on the basis of a typical consumer and typical circumstances. An individual challenge must…

Part 3 of the Pensions Act 2004 applies to a multi-employer pension scheme as a single scheme where the scheme does not satisfy the statutory conditions for…

Dayman v Aziz confirms that CPR rule 69.7 is procedural and does not abolish the established right of a court-appointed receiver to remuneration from assets in…

A director’s duty to supervise delegated functions remains personal and depends on the facts, including the director’s role, knowledge, skill and experience.…

In an administration, the court’s discretion to permit a lessor to enforce proprietary rights must be exercised by reference to the purpose for which the…

Under the Inheritance (Provision for Family and Dependants) Act 1975, a claimant must show both eligibility and that the deceased was making substantial…

Under CPR 44.3, the unsuccessful party will ordinarily pay the successful party’s costs, subject to the court’s discretion having regard to all the…

Commercial contracts must be construed by reference to the meaning conveyed to a reasonable person with the relevant background knowledge. Literal wording may…

A creditor cannot be treated as being in wilful default or lacking reasonable diligence in lodging a claim under a CVA unless it knew, or with reasonable…

A security agreement may require a security trustee to enforce security for senior creditors without giving those creditors power to dictate the time, place or…

Where a voluntary arrangement provides alternative exceptions for late claims, the exceptions should be construed according to their ordinary terms unless the…

A licence-to-assign condition requiring release of an outgoing guarantor upon a future assignment only when reasonable alternative security is provided is not…

UK courts must interpret domestic legislation consistently with directly effective Community rights where that is possible. The court may imply words, even…

For a product to fall within excepted item 5 of Group 1 of Schedule 8 to the VAT Act 1994, it must both be similar to a potato crisp, stick or puff and be made…

In an administration application, an unsuccessful opposing creditor has no automatic entitlement to have its costs paid as an expense of the administration.…

Sections 12 to 15 of the Trusts of Land and Appointment of Trustees Act 1996 do not provide an exhaustive regime for occupation compensation. Section 13(6)…

Where a contract provides for a price reduced by the cost of releasing restrictive covenants, the deduction remains required even if planning permission has…

Permission to continue a derivative claim may be refused where a hypothetical director acting in accordance with section 172 of the Companies Act 2006 would…

Directors who hold positions in competing companies must address conflicts of interest openly and obtain informed consent before diverting a corporate…

For a security to be a relevant discounted security, the statutory test must be applied to the transaction viewed realistically and as a whole. A theoretical…

Permission to amend a pleading late in a trial is discretionary and must be exercised judicially. The court should ordinarily permit an arguable amendment…

When deciding whether to adjourn a scheme-sanction hearing, the court must consider any material change in circumstances since the shareholder meeting. It must…

Under the Inheritance (Provision for Family and Dependants) Act 1975, a surviving spouse may receive reasonable financial provision whether or not it is…

Under Spanish law, a one-year limitation period for a commercial agent’s statutory compensation claim may be interrupted by an extrajudicial claim. The…

A merchant acquirer may withhold card-payment funds where it reasonably suspects that the transactions are illegal or involve unauthorised third-party…

For the purposes of unlawful dividends, the relevant question is whether the company’s accounts enabled a reasonable judgment, based on facts reasonably…

The court provisionally preferred the view that the Conditional Access Directive targets pirate devices originating outside the legitimate service provider…

A tax authority may use its statutory information-gathering power to investigate nil entries and omissions in a self-assessment return, not only positive…

In construing a contractual performance target, the court must consider the commercial background and the substance of the parties’ arrangement. Where…

For an interim injunction, the court must first decide whether there is a serious issue to be tried. If so, it must assess the balance of convenience…

Summary judgment under CPR Part 24 is appropriate only where the claim or defence has no real prospect of success and there is no other compelling reason for a…

On summary judgment, the court may assess whether pleaded factual assertions have real substance. A case should not proceed where the alleged facts are…

A contractual dispute-resolution procedure requiring escalation and consideration of mediation may validly restrict the commencement of court proceedings. An…

In a group litigation order, a concise claim form may be read with the GLO order and group register when determining whether a cause of action was pleaded for…

A claim that HM Revenue and Customs created a legitimate expectation about tax treatment cannot ordinarily be determined by the General Commissioners or on an…

Under Land Registration Act 2002, competing equitable interests generally rank in order of creation. Section 28 preserves that rule, while section 29 may…

A mortgagee or receiver exercising a power of sale may choose the timing and method of sale, having regard to the mortgagee’s legitimate interests. The duty is…

A Lord Marcher’s status was jurisdictional and did not itself confer proprietary rights. Ancient Crown grants were construed strictly against the grantee.…

Negotiations for the sale or grant of an interest in land may give rise to an implied licence permitting an existing occupier to remain in possession. The…

Where proceedings contain distinct claims, the court may order one claim to be tried as a preliminary issue if its outcome will materially affect the…

In a probate dispute, the party propounding a will must satisfy the court on the balance of probabilities that a valid will existed at the deceased’s death and…

For trademark infringement under Trademarks Act 1994, the goods themselves need not bear the protected mark. It is sufficient that the mark is used in…

Copyright infringement requires evidence that the defendant copied the claimant’s work, directly or indirectly, in whole or in a substantial part. Access is…

Proprietary estoppel relief must represent the minimum equity to do justice. The court must balance the claimant’s expectation, detriment, unconscionability…

In a statutory appeal to the High Court, security for costs may be ordered under the Civil Procedure Rules 1998 notwithstanding the statutory regime governing…

A partnership requires a binding contractual relationship between the parties. Collaboration in a common commercial project does not, without more, establish…

A pre-existing domestic VAT zero-rating provision preserved by the transitional derogation in article 28.2 of the Sixth Directive remains effective according…

A court may review its own insolvency order under section 375(1) of the Insolvency Act 1986, including where the order has been drawn up, to determine whether…

Rectification for unilateral mistake requires convincing proof that the written instrument fails to record the parties’ relevant intention and that the…

A tenancy agreement containing directly contradictory variation provisions must be construed according to the applicable consumer-protection rules. Under…

A restrictive covenant requiring plans to be approved by a named vendor means what the conveyance says, even where extending the approval power to successors…

A spread-betting firm must close a private customer’s open position when a margin call remains unmet for five business days, unless a specified exception…

Where a hearsay statement is served under the Civil Evidence Act 1995, the opposing party may seek an order permitting the statement-maker to be examined and…

For VAT exemption under Article 13B(d)(3) of the Sixth Directive, a service need not be supplied by a bank or directly to an end customer. The question is…

A solicitor who commences proceedings without the client’s authority breaches an implied warranty of authority. Liability is strict and does not depend on…

Testamentary capacity is governed by the common-law test in Banks v Goodfellow, including the ability to understand the nature and effect of making a will, the…

The duration of a bankruptcy restrictions order must reflect the gravity of the bankrupt’s conduct, including statutory misconduct such as preferences…

A winding-up petition is a class remedy available only where the petitioning creditor has a debt that is neither genuinely disputed nor subject to a…

When a contingent claim is valued for insolvency distribution, the hindsight principle permits account to be taken of subsequent events that clarify both…

The privilege against self-incrimination does not protect a witness from questions relevant to possible criminal proceedings under foreign law. The court…

When enforcing a charging order, the court has a discretion to order sale under CPR 73.10. That discretion must be exercised compatibly with Convention rights…

In construing a commercial agreement, the court must read the words in their contractual and commercial context, while giving effect to their ordinary meaning.…

A claimant cannot enforce an equitable proprietary interest where establishing that interest requires reliance on an unlawful purpose. The rule applies where…

A charitable trust established to promote Islam is not confined permanently to a particular Sufi or spiritual tradition merely because its founders practised…

An executor must realise and administer an estate with all due despatch, but liability for delay requires proof of recoverable loss. A licensee’s authority to…

The court’s task on a public-interest winding-up petition is to decide whether, on the totality of the evidence at the hearing, it is just and equitable to…

A court must resolve a dispute where possible even when all principal parties have used forged documents or given perjured evidence. The court should identify…

In the Applications Court, asserted commercial urgency must be assessed against the practical steps required to complete the proposed transaction. Where…

A person who knowingly participates in a dishonest scheme is jointly and severally liable for the resulting loss, even if the precise division of tasks is…

An appeal from a review of a non-binding patent opinion is conducted as a review, not a rehearing. The court should interfere only where the examiner made an…

Permission to litigate against a company in administration should be granted where the proposed claim has a real prospect of success. The court should not…

A later claim may be an abuse of process even where it raises an issue that has not previously been adjudicated. The court must make a broad, merits-based…

A hybrid pension scheme may contain a single fund supporting both defined benefit and money purchase benefits. The existence of a money purchase section does…

A third-party costs order is exceptional only in the sense that it falls outside the ordinary run of litigation. The controlling question is whether, in all…

Benefits calculated by reference to a member’s accumulated pension pot remain money purchase benefits even though actuarial factors are used to convert the pot…

Exclusion from a quasi-partnership company is prejudicial, but it is not unfair prejudice under Companies Act 2006, section 994, where the shareholder’s own…

Where parties hold fundamentally different beliefs about the contractual terms, a contract is formed only if the objective and subjective requirements for…

A consent order must be construed objectively, using ordinary contractual principles and the document read as a whole. Where one provision orders payment of…

An administrator of an occupational pension scheme may be responsible for maladministration where delegated administrative arrangements fail to bring valuable…

Damages for deceit may include the lost chance to acquire and profit from an identified alternative business. The claimant must prove on the balance of…

A trust over money requires certainty of intention, objects and subject matter. Payment into a designated client account may establish a trust, but money paid…

A flat-rate deduction from payments owed by a principal to self-employed drivers is not ordinarily a separate taxable supply by the principal to the drivers. A…

The court may retrospectively dispense with service requirements for committal proceedings under Order 45, rule 7(7), including where the order requires a…

Applications made during ongoing litigation should generally be dealt with efficiently and on the evidence available at the hearing. The court may appoint an…

For trade mark validity, the likelihood of confusion must be assessed globally, but the goods must first pass a threshold of similarity. A composite mark…

A party to a joint venture cannot charge the venture with interest on borrowing undertaken personally to fund that party’s capital contribution, absent…

Sections 216 and 217 of the Insolvency Act 1986 are not confined to conventional “phoenix” companies. The statutory language must receive a fair and coherent…

A self-employed sales intermediary may be a commercial agent even without authority to conclude sales or bargain over final prices. The statutory concept of…

For obviousness in a patent concerning starch milling, the skilled person may be a team comprising process and milling-design engineers with knowledge of…

A mortgagee generally owes no duty to sell mortgaged property and may decide whether and when to exercise its power of sale, while considering its own…

Summary judgment should be granted only where the defendant has no real prospect of successfully defending the claim and there is no other compelling reason…

An agreement granting a publisher the sole and exclusive right to publish a specified work in book form may create an exclusive licence rather than an…

Relief from a procedural sanction is a discretionary remedy which should not be granted lightly. Under CPR 3.9, the court must consider all the circumstances…

In disputes over beneficial ownership of property held in one person’s name, the claimant must establish a common intention that the beneficial ownership…

A freezing order is maintained only while the claimant genuinely intends to pursue the protected claim and progresses it with reasonable expedition. A…

A vendor of land is ordinarily under an implied obligation to show good title to the property sold and to land over which agreed easements are to be granted.…

A bankrupt generally has no standing to pursue an appeal concerning a provable debt where the bankruptcy legislation makes enforcement against the bankrupt’s…

Applications to strike out or obtain summary judgment are governed by the ordinary tests, even where there is substantial inequality of arms. The court asks…

A winding-up petition must not be used to exert pressure where the alleged debt is bona fide disputed on substantial grounds. The court may investigate the…

Where a penalty determination has been made for the correct period, a mistake in the subsequent notice does not invalidate the determination merely because the…

A company may be a member of a partnership. Whether companies and individuals operated a single partnership business is generally a question of fact, assessed…

Whether ignorance or error resulted from a failure to exercise due care and diligence is fact-sensitive. Relevant considerations include the contributor’s…

A copyright licence may authorise reproduction where the agreement, read in context, permits services requiring copies or installation of the software. A party…

An unfair-prejudice petition may be struck out as an abuse of process where the respondent makes a fair and sufficiently certain open offer matching the relief…

Under the Inheritance (Provision for Family and Dependants) Act 1975, reasonable financial provision for a surviving spouse is assessed in all the…

On a renewed summary judgment application, the court should not ordinarily permit a party to take a second bite at an interlocutory issue already decided. A…

An express right of way must be construed in its commercial and factual context, rather than by focusing on isolated words. Where a transfer grants a right…

Under section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, a written land contract must incorporate every term expressly agreed. If it omits…

Where shares are placed in another person’s name as a nominee, that person does not acquire beneficial ownership merely because the arrangement is concealed or…

Permission to repossess goods during an administration is discretionary. The applicant must establish a seriously arguable proprietary claim and show that the…

Summary judgment should be refused where the defendant shows a real, rather than fanciful, prospect of defending the claim on assumed facts. A court should not…

In a claim challenging a substantial gift on grounds of undue influence, a relationship of trust and confidence does not by itself raise an operative…

Articles of association are construed objectively and commercially, but a mandatory procedure is not converted into a discretionary power merely because it…

Under the Torts (Interference with Goods) Act 1977, delivery-up relief is available only against a person in possession or control of the goods. A company…

For a council tax student discount, every condition defining a full-time course of education must be satisfied independently. A course must subsist for at…

Specific performance of the core obligations of an employment contract is ordinarily unavailable, including for a company director. Interim mandatory relief…

Section 11(1) of the Maldens and Coombe Urban District Council Act 1933 confers statutory rights on frontagers and persons with their express or implied…

A payment made for a specific purpose is subject to a purpose trust where the arrangement shows that the recipient was not intended to have the money at its…

The statutory tax appeal machinery does not automatically exclude High Court jurisdiction over an independent dispute between a taxpayer and HMRC merely…

Under section 70(1)(g) of the Land Registration Act 1925, the enquiry required to disapply an overriding interest has two stages. The mortgagee must first…

A bookmaker does not generally owe problem gamblers a duty to protect them from self-inflicted gambling losses. A duty may arise where a customer, presenting…

On an appeal from a Registrar’s assessment under section 5(2)(b) of the Trade Marks Act 1994, the court must undertake a global assessment of the likelihood of…

A claim by an intended or actual residuary beneficiary against solicitors for negligent estate-tax planning may disclose a duty of care where, without such a…

In intellectual property proceedings, costs may properly be decided at the infringement stage even though the amount of damages or an account of profits…

A county court cannot enforce a charging order where the judgment debt exceeds the statutory limit, unless the parties consent or the High Court transfers the…

Under section 25 of the Civil Judgments and Jurisdiction Act 1982, the court may grant interim relief in aid of proceedings abroad where the ordinary…

An application to alter the register of title concerns private law rights where its effect would remove or affect an estate vested in the registered…

A Part 20 claimant cannot obtain contribution under the Civil Liability (Contribution) Act 1978 where the underlying liabilities are statutory debts rather…

In deciding whether a bank could retain cash collateral pending foreign proceedings concerning a demand performance bond, the court had to assess whether there…

The court may order disclosure of customer identities in support of proceedings against alleged patent infringers where there is an arguable wrong, disclosure…

Contractual insolvency provisions must be construed by reference to their language, linked documents and commercial purpose, while respecting the parties’…

For VAT purposes, a school fees refund scheme may form part of a single supply of exempt educational services where it is an optional variation of the payment…

The court has jurisdiction to appoint a replacement trustee in bankruptcy after removing the former trustee, including through a block-transfer order. That…

A contractual overage clause referring to development “as residential flats” may distinguish flats available for permanent, year-round residence from…

Consent to parallel resale may be implied from the nature and circumstances of a transaction. Where a manufacturer sells goods to an export trader knowing that…

In a quasi-partnership company, unfair prejudice may arise where the parties’ agreed arrangements require equal participation, but one member is excluded from…

A trust whose purposes include changing the law is not charitable, even where the proposed change concerns animal welfare. Advocacy for legal change may be a…

An order under section 236 of the Insolvency Act 1986 is subject to a broad jurisdiction and a discretionary balance between the liquidator’s reasonable…

Evidence concerning alterations to a vehicle may be relevant to whether its owner knew, or ought to have known, that it would be used for smuggling, even where…

A contractual obligation to apply money towards affordable housing is not, without more, a positive obligation to provide affordable housing or a restriction…

Indemnity costs require more than an unsuccessful or totally without merit claim. The court must apply principle while responding to the particular…

The High Court has power under section 40(2) of the County Courts Act 1984 to transfer proceedings to a county court even where that court would not otherwise…

For EIS relief, the court must identify the legal character of money paid to a company before shares are formally issued. Money paid as a capital contribution…

For statutory acquiescence under section 48 of the Trade Marks Act 1994, the five-year period begins when the later mark is actually registered, not when its…

Proprietary estoppel relief must be proportionate to the claimant’s reasonable expectations and detrimental reliance. The court should not automatically strip…

A settlor’s wish letter concerning a family discretionary trust is ordinarily confidential because it facilitates the trustees’ inherently confidential…

Article 5(6) of the Council Regulation (EC) 44/2001 creates a narrowly construed special jurisdiction. It applies only where the trust falls within the…

An insurance condition referring to a material change in the facts stated in a proposal form may operate on the answers given in the form, not merely on the…

A tenant should not receive a new business tenancy where the tenant’s use and management of the holding involves continuing criminal offences. A breach of…

A contractual security interest over shares may remain effective even where payment is conditional on the availability of proceeds from a defined source.…

Under a participation agreement providing for an expert to determine each leaseholder’s contribution to an acquisition price, the expert’s function includes…

A pension scheme contribution rule requiring contributions to secure benefits does not necessarily require liabilities to be valued on a buy-out basis. The…

Express undertakings governing the use of evidence obtained on cross-examination control the material, rather than any implied undertaking arising from…

The power under CPR 3.1(7) to vary or revoke an order is limited. It may be exercised where there has been a material change of circumstances after the…

A taxpayer’s failure to comply with a valid notice under Taxes Management Act 1970, section 20, may be adjudicated without a pleading-like schedule specifying…

Under section 22 of the Wills Act 1837, a revoked will may be revived by a later codicil if the codicil, read as a whole, shows the testator’s intention to…

For the purposes of the statutory priority scheme on the winding up of an occupational pension scheme, entitlement to payment of a pension may arise before…

Under Insolvency Act 1986, s 176A, the prescribed part is held for unsecured creditors as such. A creditor with fixed or floating security cannot participate…

In a probate claim, the court may permit discontinuance on such terms as to costs as justice requires. Executors should not generally be compelled personally…

On an application for interim injunctive relief, establishing a serious issue to be tried is only the starting point. The court must assess whether damages…

Section 28(1) of the Taxation of Chargeable Gains Act 1992 fixes the time of an actual disposal; it does not create a disposal where none has occurred. A…

A security does not become a qualifying corporate bond merely because a currency-conversion option has lapsed before disposal. The statutory condition in…

A design feature on footwear may function as a trade mark where the average consumer perceives it as indicating trade origin rather than merely decorating the…

Where a land-sale contract fixes a precise completion time, whether the parties were ready, willing and able to complete is assessed by reference to the facts…

Equity may set aside a voluntary disposition for a sufficiently serious mistake about an existing or pre-existing fact, including the donor’s state of health.…

Parties may mutually rescind a supply agreement after an insolvency event, even where the written agreement contains an entire agreement clause and provides…

Under Company Directors Disqualification Act 1986 s.6, unfitness is assessed in two stages. The court must first establish the facts relied upon and then…

A transaction is not a sham merely because it is artificial, uncommercial or arranged to obtain a tax advantage. The relevant question is whether the rights…

An express declaration of trust is ordinarily conclusive of beneficial ownership. It may nevertheless be set aside where it was procured by fraud and formed…

For VAT purposes, a transaction may comprise separate supplies where treating its elements separately is not artificial. The principal/ancillary test is not…

In construing a development agreement, a consent required by the agreement must be identified from the contractual definition and structure. A planning…

Summary judgment is appropriate only where the opposing party has no real prospect of success and there is no other compelling reason for a trial. A defence…

Schedule 7A to the Taxation of Chargeable Gains Act 1992 restricts the use of pre-entry losses against gains arising within a group. Where one group is…

Dishonest assistance requires a dishonest state of mind, assessed against an objective standard. A defendant may be dishonest where he suspects that property…

Registration vests the legal estate in the registered proprietor and gives that proprietor the statutory powers of disposition, including the power to grant a…

For security for costs under CPR 25.13(2)(c), the applicant need not establish that a claimant company will probably be unable to pay. It is sufficient to show…

In construing a rent review clause, the court must identify the physical entity which the valuation formula requires to be valued and interpret the contractual…

For Community design infringement, the court identifies the informed user, considers the design corpus and compares the overall impression of the registered…

In VAT abuse cases, the fact that transactions are artificial, commercially hollow, outside normal commercial operations and designed solely to obtain a tax…

A party serving a notice to complete must be ready, able and willing to complete when the notice is served and throughout its period. The requirement is…

A non-party costs order is discretionary and must be exercised according to established principles. Relevant considerations include the non-party’s control of…

The decision to grant temporary release to a prisoner serving a sentence for civil contempt belongs exclusively to the Secretary of State, ordinarily acting…

A tenant cannot ordinarily use nuisance to impose on a landlord an obligation to remedy defective construction existing when the lease was granted. The…

A transfer of a beneficial interest in property is at an undervalue under Insolvency Act 1986, section 339, where the consideration is significantly less than…

A conditional fee agreement is not unenforceable merely because it departs literally from prescribed requirements. The question is whether, viewed in light of…