The pitfalls of selling a British property based on a foreign order
The High Court granted an interim injunction preventing the enforcement of a property possession order pending a stay application. Background: Dr. Francesca Bottari and Mr.
The allocation of taxing rights in bilateral agreements
The Supreme Court heard a case requiring the interpretation of a double tax treaty between the UK and Canada. Background: In the early 1980s, the UK government granted Sulpetro
‘Local connection’ needs to be in the ‘real sense’ when seeking council accommodation
The Court of Appeal (CoA) has clarified the test for local connection to a local authority within the meaning of Section 199 of the Housing Act 1996. Background: Mr. Hussaini is
Is assigning a claim to another company a case of champerty?
The High Court was faced with a case relating to the assignment of rights under Civil Procedure Rules (CPR) 19.2(4), subrules (a) and (b) where there is a contractual restriction.
Forced disposal: Can you prove your allegations?
The High Court heard a case regarding whether a bank acted in bad faith by forcing a hotel group, it partly owns, to sell valuable premises at below market rate.
Cross-border restructuring and the power of the Courts under the cross-class cram-down
The High Court reviewed a restructuring plan, despite opposition from a creditor. Background: Sino-Ocean Group Holding (SOGH) Ltd. is incorporated in Hong Kong and its shares
Injunction without notice: Ensure it is right in your situation
The High Court dismissed an application for an injunction without notice to prohibit any sale, transfer or disposal of two properties due to the lack of any basis for a legal
Honesty is always the best policy
The High Court was faced with a request to disqualify a director for overstating the turnover of his company in a ‘Bounce Back Loan’ application. Background: The Secretary of
Beneficial interest, trust arrangements and mortgage possession proceedings
The High Court was faced with complex mortgage possession proceedings. Background: Together Commercial Finance Limited (TCFL), a mortgagee, sought a possession order against the
Redress payments made to consumers are tax deductible
The Court of Appeal (CoA) was required to clarify the tax deductibility of consumer redress payments and whether they amounted to a penalty, wherein a deduction is prohibited or is