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England and Wales decisions
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CGT, R (On the Application Of) v West Sussex County Council [2026] EWHC 293 (Admin) (13 February 2026)
Judicial review of a council’s refusal to fund care from a personal injury trust succeeded; the court held the trust capital had to be disregarded under the Care Act regime.
The High Court held that West Sussex County Council unlawfully refused to fund a claimant’s care and to recover past payments, because the personal injury trust fund had to be disregarded under the Care Act regime.
The end date of the account is the date upon which Miura’s claims for damages for the value of the business are satisfied; payment of damages extinguishes the rationale for the constructive trust and prevents double recovery; interest on costs is to run from the date of judgment; definition of Relevant Books of Account is limited to necessary documents, excluding specific records contested by the parties.
Source excerpt
The High Court found a solicitors’ firm liable for dishonest assistance in breaches of fiduciary duty, subject to later credit for prior recoveries.
The Court of Appeal confirmed Mr Stava’s award under a BIT arbitration, set aside Diag Human SE’s award for lack of jurisdiction, and left the costs orders largely intact.
Lufthansa Technik AG v Astronics Advanced Electronic Systems & Anor (Re Interest) [2025] EWHC 1034 (Pat) (30 April 2025)
The Patents Court held that interest is recoverable on an account of profits for patent infringement, rejected tax deductions, and declined to allow a provisional anti-double-recovery recital.
The High Court held that interest could be awarded on an account of profits for patent infringement, fixed the rates for each defendant, and refused a provisional award.
SU Consultancy Ltd v Singh & Ors [2025] EWHC 564 (Comm) (12 March 2025)
The court decided consequential orders after trial, holding the account ended when damages for the business value are satisfied, with costs interest running from judgment.
Kiko UK Ltd v Jamino Ltd & Anor [2025] EWHC 720 (Comm) (20 January 2025)
The court held that an AGA did not clearly end Kiko’s liability on disclaimer of the lease, but refused summary judgment on the money claim because accounting issues remained.
The Court of Appeal upheld a confiscation order against Anthony Bond, holding that the trial judge could find he benefited from the fraud to the extent of £15 million.
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