Latest Cases

Insolvency – Liquidator. The Chancery Division held, among other things, that the defendant liquidator was not liable to the claimant firm of solicitors (the firm) for its charges, basic costs and uplift or for interest on unpaid or late payment of disbursements in respect of work done, pursuant to a conditional fee agreement (CFA), in respect of the liquidation of a company. A letter sent to the Firm by the liquidator and its acceptance by the Firm's principal, had had the effect of importing into the conditional fee agreement that recovery of assets into the estate was a precondition to the firm rendering an invoice to the liquidator for work done by the Firm. 

Extradition – Extradition order. The Divisional Court dismissed the appellant's appeal against orders for his extradition to Romania to serve a sentence of five years and ten months' imprisonment for aggravated burglary. After giving guidance on s 20 of the Extradition Act 2003, it held that, if the judge had wrongly found the appellant had deliberately absented himself from trial, he would have been obligated to have concluded that the appellant would be entitled to a retrial. 

Arbitration – Award. The Family Division following an application by the husband, held that an arbitration award be made an order of the court following the parties' family financial dispute resolution under the family law arbitration scheme. 

Insolvency – Statutory demand. The Bankruptcy High Court allowed the applicants' application to set aside statutory demands made on them following the failure of a venture to develop land. The applicants submitted that their relationship with their bank had been such to suggest the existence of a joint venture, and that there was a possibility of a cross-claim against the valuer of the company that they had formed. The court held that the debts, or their enforceability, were disputed on substantial grounds and/or the applicants appeared to have a cross claim that was likely to equal or exceed the amount claimed in the demands. 

European Union – Regulations. The General Court of the European Union dismissed the claim by Mr Mahmoud Jannatian for compensation in respect of non-material damage, following the removal of his name from certain lists of persons and entities associated with Iran which were subject to restrictive measures. The Court decided that the condition relating to actual damage had not been satisfied in the present case, and that, in any event, the non-material damage suffered by the applicant had been adequately compensated for by the finding that the restrictive measures taken against him had been unlawful. 

Capital gains tax – Disposal of assets. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) allowed the appeal by the Revenue and Customs Commissioners against a decision of the First-tier Tribunal (Tax Chamber) to the effect that a disposal of cash by the taxpayers of two loan notes did not bring into charge an accrued capital gain. The tribunal decided that the effect of the conversion of those loan notes fell to be treated as one conversion to which s 116(1) of the Taxation of Chargeable Gains Act 1992 applied so that on the conversion of the successor notes, the frozen gain was realised under s 116(10) of that Act. 

Company – Winding up. The Chancery Division dismissed an application to restrain presentation of a winding up petition based upon a statutory demand which had been served by the respondent on the applicant company, alleging indebtedness under what was called a rating agreement. In the circumstances, there was no realistic chance of the applicant establishing anything remotely approaching a substantial dispute in relation to liability under the agreement. 

European Union – Trade marks. The Court of Justice of the European Union dismissed the action brought by Mederer GmbH (Mederer) against the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning opposition proceedings between Cadbury Netherlands International Holdings B V and Mederer, regarding the achievement by the latter of international registration of a figurative mark 'Gummi Bear-Rings' in certain colours. 

Company – Liquidation. The Chancery Division considered an application by the joint liquidators of Longmeade Ltd for directions, pursuant to s 168(3) of the Insolvency Act 1986 in relation to a potential claim in negligence, which they had identified could be made by the company against the Secretary of State for Business Innovation and Skills. Consideration was given to the principles to be applied to the modified regime concerning the commencement of proceedings by a company in compulsory liquidation post-26 May 2015. 

Town and country planning – Established use. The Planning Court dismissed the claimants' appeal against the decision of the inspector appointed by the first defendant Secretary of State, dismissing the second claimant's appeal against the second defendant local planning authority's failure to give notice within the prescribed period of its decision on her application for a certificate of lawful use. The alleged use of the premises had not been an existing use, but an historic use.